binding to the Jew but from the equity of it was and is the pure principle of obedience to the supream powers Obey God for where that is not or ceases the other is little observed so that some which it was thought believed no God yet professed many by that superstition to inforce a reverence and from thence obedience Moses now not only gives but administers law also unto the people in the next place looks to setling of civill judicatures in the stablishment of Judges and giving rules for the choice of Judges and administration of justice wherein it is worth observation that the advice Moses receiveth herein though not from the mouth of Almighty God but of Jethro his Father in law yet being agreeable to good reason I say no more he yields enquires not of God nor did God alter it after because not coming immediatly from himself nor made any declaration by himself or Moses that it came from him either to get the glory to himself or to enforce with greater authority the acceptation of the same Nor yet disallows of it after but approves it and it was an establisht Law for the great judicatory of that Nation for ever accordingly The next thing was the Act of Almighty God in giving the laws whereby the people should be judged which were summarily comprehended and written in two Tables of Stone it may be to signifie their long or everlasting duration which were delivered by Gods own hand according to our natural expression unto Moses and by him unto the children of Israel Gods people which Laws were of two sorts the first concerning God written in one Table the other concerning man written in the other now these being as we say general laws and difficultly could all sins and offences by the common people be reduced to their proper Commandment so that they would have pleaded ignorance in excuse of their sin Therefore God gives particular Laws and Rules for all emergent sins and sets forth particularly the whole frame and order of the worship and service he expected from his people yea every circumstance requirable therein upon which the whole Law of God or which God gave to the Jew was or is thus distinguished into morall and ceremoniall relating from man to God in his worship and service of him And into morall and judicial relating from man to man which later must be thus opened The Laws of the two Tables were and still are by many supposed to be absolutely morall or perpetual and that as well to the Christian now as to the Jew then but the judicial not so but of this more in convenient place and time Now these judicial laws commonly called Moses judicials did respect both body and goods all which stand upon such order as is most agreeable to natural equity to the well being of a Common wealth and that both in peace and war To a mans self and also towards his neighbour superior and inferior yea in all things tending thereto which laws as the Jew received them from the hand of Moses as their cheif and governor so did they live accordingly giving obedience to them all the daies of Moses after whom not Moses son or sons ruled Israel neither by his their or the peoples seeking was any such thing once mentioned but the government most especial gifts and graces testifying his divine vocation shewing forth themselves in him was given unto Joshua but no new law divulged but the division of inheritances to the several Tribes in their respective conquests was as the Lord had commanded Moses and he gave forth as a law to the people And having through Gods goodness given possessions and in peace to Israel before his death he calls for all Israel or their elders heads judges and officers and from Gods former and present mercies promise and threatnings perswades them to obedience to these laws which for some time they observed under their particular heads of Tribes without any particular Prince and won great victories against their enemies which although I find in history to be ascribed to be done under the command of Phineas the Preist yet I wave it and only prosecute the order of Scripture The next successor in government there given to them is Othniel then Ehud Shamgar Deborah and Barak then Gideon these were by a special spirit of God raised up for the deliverance and saving Israel from the hand of those enemies into whose hand for sin their God had delivered them But they still departing from him that is from his Laws not giving either any or not due obedience God as it seems intending to chastise them yet more as the stroaks or contentions of friends are most bitter suffers Abimelech the son of Gideon by unjust and unused waies to seek not only the government but a kingdom yet after his death whose ambition was also punished together with the peoples sin for the people were Gods avengers on him as he was of the people now arises a new succession of Judges of several Tribes and as it seems also by the special hand of their God upon them as Tola Jari Jeptha Sampson after whose time there was as it were an interregnum no King no Judge in Israel and the manifestation of the will of God by a special spirit to any chief of Israel ceased and so for defect of worthy noble vertuous spirits the government was conferred upon Eli the Preist in whose time there was no manifest vision And though Samuel the last had it yet it continued not after him if it ceased not to work at sometimes in him who as it seems rather out of fatherly indulgence although he had seen the judgements of God upon Eli his Master and his family for such weaknesses are evident often in Gods dearest children then by divine appointment makes his sons Judges but they turning aside after lucre and taking bribes perverted judgement Whereupon all the Elders of Israel gathered themselves together and came to Samuel to Ramah and said unto him Behold thou art old and thy sons walk not in thy waies that is righteously now therefore make us a King to judge us like all Nations Where we may see error in government and governors causeth desires of change of government But the Lord commands Samuel to listen to the peoples voyce but declaring to Samuel who it seems was also a little sensible of the peoples neglect towards him though most for God that this choice of man was their rejection of God Whence mark in the purity or purest of times Gods Church was governed as a Common-wealth in the declining daies it grew to a kingdom The next thing to be considered of is to see the King settled in his Throne wherein I shall first seek out how they came to have a King that is whether of divine appointment or of their own election t is truth that it seems both concurred 1 Sam. 8. 5. compared with 1 Sam. 9. 15. but then the question is
Nimrod who notwithstanding he had elder brothers yet took the power of government upon him yet it s conceived he went no further then the government of his own family the heads of families appearing in the same age with him in the offspring both of Shem and Japhet and t is not probable that in those times the government was mostly such for they might have enough in one family for one man well to govern considering the many hundreds of years those ancients lived and the mind of man might well then be contented with it the profit was care and the honor duty and the end only safety against brutish invasion which course is as most natural so most conjectural untill the contrary be proved And most assuredly as their families increased even after the dispersion so divided they the land as well as in the dayes of Peleg and though it may be conceived that in this dispersion and confusion of languages the seed or occasion of future Discords Wars Jars and such like was sown yet it is probable that the earth in the fulness thereof being before them and the remembrance of kindred being fresh they did not immediately break out into blood by forcing a disseising or putting them out of possessions who were in but those unprovided sought out habitations and their numbers in their respective progresses increasing they sent out what we call Colonies The chief leader or Colonel of which was as is most likely the most Ancient who also gave forth to them the general law of their fathers whether traditional or otherwaies and the next in degree of age as the fathers of many children were accounted as chiefs next that cheif or King and these by Scripture according to that phrase in the time of Moses writing when now the world was grown to some setlement in disordered order were called Princes But these soon wax out the remembrance of their neerness of blood for surely where God was not regarded man was neglected forgetting God and his Law and private interest increasing the issue was divisions Wars and Jars The just might separate and divide as did holy Abraham and just Lot but the wicked fought for it and by power obtained their will and that law or liberty of blood-letting once admitted there was no stint of strife they renewed the Wars as the season of the year gave opportunity and with this strife out of all question came in against the law of nature the servitude of man to man and therewith also a confusion of families as to pure discent But let us pass on and hast the Lord makes now his family in the houshold of Abraham by especiall Covenant of promise with him and his seed rejecting all other Nations Yet how that rejection wrought is difficult for Melchizedech Abrahams contemporary was a holy man and assuredly kept purely the law of his fathers supposed of Shem though living amongst the accursed Cananites so Pharoah King of Aegypt to whom the Lord communicated his error in taking Abrahams wife and more especially Abymelech King of Gerar who apprehensive of Gods indignation for the same thing prayeth as one and that not only of himself but as of a Nation that knew and kept the Covenant of the Lord Wilt thou also destroy a righteous Nation said he not she is my sister But to proceed This Abraham is called a mighty Prince yet Arms but three hundred and eighteen this confirms what was before asserted shewing what Kings and Princes then were for these were to fight four Kings and manifestly proves the generality to be but heads of families though the Assyrian had now conquered many families mark also Abrahams complaint for lack of an heir urging his power and estate to difcend to Eleazar his chief servant These things are inserted only to lead the weak reader in a plain path way of historicall narration therefore this one example might suffice but this must be more then seconded both in Isaac the child of promise and Jacob and his progeny Isaac was Abrahams heir both of goods and graces yet falls into the offence of Abraham his father and for safeguard of his life denieth his wife And as a King governing his family hath issue Esau and Jacob Twins and although the birth right of divine blessing is by Isaac given to Jacob yet the temporall inheritance was to Esau which primogeniture is several waies and in the right of it acknowledged to Esau by Jacob whose substance was the gift of his God in and for his faithfull service he performed to Laban But le ts hast to see Jacob in his full grown family discended into Aegypt and there continued the time appointed by Gods promise during whose servitude while the yoak of Pharoah gauled the necks of his off-spring the way which God used to perform and fulfill his promise of freedom t is strange to flesh and blood you can look for no other government upon their shoulders then the whips of the Taskmasters untill the time of deliverance from the Lord comes who raiseth up Moses to be their saviour and leader but the judgements of his mouth during the whole course of his government were for the greatest part extraordinary even from the mouth or Spirit of the most high God which although it shews how nigh a relation holiness and obedience can work betwixt man and God yet so far it sheweth not ought as exemplary to us in our present Magistracy either the superior or subordinate in ordinary jurisdiction neither the Acts or judgements of any of those Judges afterwards in such special causes of evident supream either direction or assistance neither during their forty years peregrination in the wilderness nor in their daies of rest untill they called for a King nor indeed at any time That is we are not to take what ever one judges supream or subordinate in ordinary jurisdiction or legall government say as a binding word issuing from an infallible spirit or accompanied with such divine directions But according to the respective laws and customs of the place and Nation wherein we live ordered according to the reason and necessity of intervening accidents wherein those general rules which nature teacheth of self preservation and of preferring generals before particulars and general and common good before particular alwaies presumed nought be done contrary or destructive to any part of Divine rule must by all men as was by them be observed But seeing all that Moses did was not extraordinary let us a little view his behaviour in the course of this narration even of that man with whom so extraordinary a spirit rested for his first actions I leave the reader wholly to Scripture only this he was under persecution from his infancy being then exposed to the mercy of the waters only for what I shall specially aim at shall be and are his acts judicial and those either in referenre either to Church or Common-wealth The first law of Moses mouth was not only
otherwise He that will rule let him be servant be not like the Princes of the world but yet this as most cohering with naturall reason and the custome of Princes and that the decree might be fulfilled was accepted by the Princes of the earth and now the Crozier and the Crown went together in England for the Princes were generally zealous of the Law after once admitted it may be politickly but I judge not although that from the power of the Romanes here so long ruling there was a foundation laid of good and just Laws and holding much consonancy with the Judicials of Moses yet the many barbarous and irrational customes and usages especially those that were unchristian were by the Kings with the consent of their people abolished and extinguished and there was one generall Law received which was That nothing was to be done taken or holden for Law which was contrary to the Law of Almighty God meaning the Law of Moses which they took to be the speciall Rule of Morall Wisdom and if once sanctiated by the Bishop undenyable if not infallible and though it is like as in all other Ages and places the alterations of old and long received Laws and introduction of new was difficult and dangerous yet this Age being a warring Age and Souldiers little book learned and yet the Princes of the earth the vulgar people were far less so that the many followed the mighty and obedience was more pure then then now though more easie to be corrupted so that the Kings beleeved the Bishops the Lords the King and the people the Lords and thus it was that whole Nations even on a sudden became professors of Christ I say not Christians and though the Monks of Bangor would not seeing the pride of Augustine submit to him yet the King converted power effected what prayer would not but this bred a worse stir after for these Monks still living in their simplicity and preaching faithfully requiring nothing but being contented with what the people gave were more pleasing to the people then they who were not only imperious and proud but covetous also so called in requiring and enforcing Tythes according to the Mosaical Law and this was tryal enough for generally men love to be of that Religion that costs them least Parishes were not yet known they had not in these dayes nor many hundred years after such clear light in Christs Discipline as to finde that civil prudential thing in the book of Religion but men gave who would give their Tythes to the Ministry these in each County or Diocess or Precinct notwithstanding all learned oppositions of the so called Clergy were treasured in common the Bishop if any were as the High Priest or Priest had his portion or Tythes out of the whole and the Pope was to have his Tyth afterward called Annate or yearly Offering from him besides first fruits paid originally by every Minister or Monk for they then generally were the Ministers though not only to the Bishop upon his introduction and the Bishop to the Pope all pretending sâ—…ill after the pattern of the Jewish Church So also was it in their Courts by way of gradation admitting appeals and that at last to the Pope himself which though upon the first ground each Prince ought to have allowed yet some Princes finding the evils in time by alienating the hearts of their Subjects from them subjugating purse and person to a stranger for so high these Popes at last went other Princes spying the rents in other mens Dominions avoided it in their own so that they either never allowed or sought to avoid if before admitted such appeals upon this nevertheless at length sprung up controversies not only between the Pope and other Princes but also between the Princes of the Earth in the respective Nations of the world and the Bishops both also using the same arguments of duty and allegiance the Pope by reason of being the Vicar of Christ the King the same the difference was the one was in Spirituals the other in Temporals this hath made the Bishops not only combine against their Soveraign for the Popes Cause but even the people for some pretending conscience have served the Popes and Bishops lusts against their Soveraign and many times either for necessity or necessitated by superstition against their own as well as the Kings Interest And thus by degrees what the Spirituality as they termed themselves had obtained in other places is granted in England and the marvaile was not so much at what was granted but that no more was when even the Crown it self was holden in homage at last of the Popes Holiness so called And now were the people all fitted to receive even what should be imposed upon them I cannot but observe again that these Ages were very ignorant so that the Church-men for want of others were without scruple commonly if not generally admitted the Seats of Judicature in the ordinary Law Courts of the Kingdome and were the prime men of the Kings Councel so that there was nought to hinder but only the pride and power of some warlike Noblemen who in emulation still opposed the Bishops and as the Age grew more knowing began to stickle against them But now the pride of Rome come as it were to the highest pitch even as all other things have their rises stops and declinings even so had this but that it might not fall alone nor want strong supporters against the pride of Princes which Rome thought would be ready to push at her she drives on a fury in spurring the people to depose their Princes upon her Excommunications the dire effect of which all Christian Nations so called felt more or less though more especially Germany so this our England and truly the people might well be apt enough to it for that most Princes had as their Rights of Prerogative taken from all but their Souldiers whose swords upheld them in their Majesties and so they upheld them in their acquests be they good or bad and from the Priesthood then generally so called whose superstitions should work an awe upon their spirits all that could be called an immunity much more the Rights of a free people and that people should be slaves to their Prince is not found in Reasons Lesson and that any prime Nation in Europe was the Conquest of any of their Kings I read not true it is Castile conquer'd all the rest in Spain so the French were reduced into one so others and so our England the conquer'd yet in length of time enjoying almost like grace with their fellow Subjects but with us in Wales we were made one This caused oft and dangerous tumults wherein still a Priest bare his part but things of long date being incertain we shall now come to look at the last great mutation in this our England and carry along the business of the Commonwealth from the time of William the first sirnamed the Conqueror as principally eying
that but with a reflex upon the matters of the Church as being not to be neglected in respect of their own nature and also for their necessity to the explaining the matters treated of and I the rather chuse to pitch upon that time because the histories are more clear and from that settlement do all the grand Quaeries flow which are now discussed by so many wits and so many pens wherein yet I shall be brief as formerly though laying the plot to the generality of the succeeding matter William the first commonly called the Conquerour being the Bastard son of the Duke of Normandy having indeed no title at all to the Crown of England I cannot say usurps he fought against an usurper yet layes claim to it only under a pretended and invalid promise of Edward late King of England and with his Comrades to whom he had promised shares in his purchase He from Normandy and with Normans that is Frenchmen of the Country Province or County of Normandy lands in England fights the then King and slayes him in the Field and the English distasted at former Kings and it seems doubtfull to whom the Crown belonged and no one publikely laying claim whereby it is probable the race was wom out or utterly disheartned William soon settles himself and by agreement with the English to keep the Laws or rule them according to their Laws he is accepted as King but as to avoid war the strengths of the English being yet in no considerable manner broken by the one battel with the slain King he pretends his Title of Donation Adoption or what you will call such a pretence yet he as he found occasion and opportunity not only strengthned himself but weakned the English and that insensibly deposing all Bishops of whose fidelity he was not assured and for setling a new form of Government upon yet exceeding prudent grounds which was the so called Tenure in Capite or of the Crown he by cutting off the Males of the chief Nobles as Traitors disposed the Females where they were in marriage to his Normans and the other upon seisures he granted to hold of him as of his Crown thus he wrought his own ends every way for now he hereby takes the power of the Kingdom and the adherences of the ancient Nobility into the Norman Race his Normans now as by agreement and according to the rule of their Nation take all from him who is Lord paramount Thus all the land in England is holden of the King and by the equity of the judicial he holding all of God onely and so the land was absolutely enslaved and the title of warlike conquest is atchieved by a quiet bargain for this marriage of the inheritrix all other objects taken away cast the tenants eyes solely upon the enjoyer of their Lady now this way was prepared to before the kingdom being formerly divided not onely into Counties under an Earl Consul or their Sheriff but each County into their Hundreds and those subdivided into half Hundreds and those again into Tythings the most admirable Law that ever was in point of prudence directed even by the infinite Wisdom to the Jew and approved by these men as obligatory to Christians or so pretending these in their gradations all had their law from their Lord and held of him most under an oath and that according to the nature of the Tenures whether by homage or fealty onely with a saving of right to the King and other Lords and that Lord he held of the King nay the wise Bastard had a further reach for these Land-tenants were his Militia and none else were now suffered to have Arms so that his Normans being conveniently disposed into all parts of the Nation and the Nation thus engaged by these courses aforesaid being more warlike then wise few then knowing more then the Priest told them the work was readily effected and so much the rather because the Nobles had Knights held of them by the like service of attendance in the wars some holding Honors and some Mannors in subordination and these again had Freeholders for the provision of their houses which was called the service of the plough And thus all being distinguished into their orders and ranks there was nourished by these mutual dependances love and duty service and sustenance the Noble man being at Court the Lord or chief Knight in the County the Patrons of the Yeomonry and all yet held in chief of the King This prudent settlement holding a correspondence with the ancient Jewish and no difference from the later Romane Government both here by severall Governors and Governments made native was very facile to be effected and the rather because that our rocks of offence now were no stumbling stones of offence then but the foundation-stone of the ladder of the highest preferments for the Kingdom being settled upon a Military frame yet wisely observing the rules of humane Arts Wardship and Marriage the now or late Bugbears were thus laid and reserved by that discreet Prince following so justly and evenly one upon the neck of another by them accounted demonstrative reason that truly his enemies approved at last what his friends denied that is the English admitted what the Normans spurned at for as I find the Kingdom being put into this Sword posture it was thought meet that the Tenants of the King who were not fit to do him service should be under his tuition and who would and could so carefully provide both for their training in warlike exercises or dispose them in marriage for his safety and their well-being as the Prince whose strength and securiry they were to be both in war and peace so that Lords to their Knights and they to their Esquires and all to their Soccagers so that Soccagers or Freeholders sought a Tenancy in Knights Service and they by Knights Service sought to hold of the King not in Capite only but by the greater services of Petite and grand Serjeantie being so much the more or less honorable as they were directed more or less immediatly to the person of the King And I do not finde that King William did create more Lords then there were Counties for he observed his plot of Government as I may say once for all intermingling the old and his new with such a fit contexture as the first glance or present witnesses did not easily discern it Now as he laid his Military part wisely so did he not indiscretely settle the Civil part for that he also ordered that as the Commonwealth was but all one great family and though in regard of the multitude of subjects or children it was necessary to see and hear by others eyes and ears and so to answer and determine differences yet it was of necessity that all should yield obedience to him and render him a final account and therefore he disposed not from himself the ultimate and last determination of all or any cause but that they might appeal to
that he found not absolutely buxome that is without any scruple to yeild compliance to his absolute will he by his power removed and displaced to this end after one contest with one he changed the stile of the Pattent this raised an odium and at least he must bear the blame for by whose insinuations or abuses so ever it was done Yet while no man can force a resolved man who can force a King and the last and great Act being his the whole was adjudged to him yet not alone An other Act of great judgement to his end was the constant use of proclamations declarative not only of the Law but his pleasure in other lands called Edicts or Acts of the King alone or his saying or will resolved into Law these were at first put out upon things benificial for the Subject and were as it were a temporary Law of exigency or provision by the King for what the Law was either being antiquated and now revived or els that for which there was no Law in the case yet necessary to be provided for and so was a time of Tryal or an Act of probation against the next Parliament And these powers were never denyed Kings formerly or but seldome being but seldome used and generally upon good grounds so that no disobedience followed but at last his proclamations were divers of them though carrying a colour of Law slighted But he being of a very quiet spirit could not enter a contest but sought to work his end an other way and that was to call Parliaments And to create new Honors and so over-vote and consequently over-power the Parliament debasing Spirits by dependance and this having a strong influence upon the Gentry dulled now with long peace a natural politique of this Prince and not the least conducing to his end if he could or would have known when to have taken up the sword as he supposed they would for they were generally so besotted of these Court bables of honor that upon his or a great mans letter who their Lordships pleased was made a Parliament man and the House of Lords and Commons the Bar or Clyff against the Torrent of Tyranny was become an inlet to that Ocean but there was one great jealosie still which was a bar and this was the Kings excessive prodigality to his own Nation who were as greedy to aske as he to give so that the English grew a little I may say a great deale discontented especially the understanding sort But more upon the judgement so called given concerning the naturalization of a Scot ipso facto by the Union of the Crowns in one person as if all the rights priviledges and immunities of the free-born people of England were become hereditary to the Scottish Nation by one born in Scotland being next of blood and so inheriting the Crown of England And though great and wise men had their hands in this work and saw no evill in it yet they that were as wise though not so great and more uninterested and so less questionable were otherways minded supposing that this extraordinary favour to that Nation the seconding and approving of it by so many wise men and supposed affectionate patriots zealous of the liberty of the English Nation though it seemed to them as but a wise and civill policy and Act of munificence not much to be supected of danger carried hay in the Horn namely by this and such like plots fitted them to introduce and continue quietly what they all thought fit of necessity to be done the order of episcopacy in that Church and with that the whole liturgie of the Church of England with all those rites and ceremonies thought requisite as in the Church of England which the King upon petition of some Ministers at his first coming to the Crown was fully resolved in I mean in the conference at Hampton Court and the consequence of it By which he was resolved not to alter what the late Queen Elizabeth had established But these men believed that as this was indeed aimed at and this aime publikely allowed so that there was an other intention which lay hid and undiscovered and that was to force Scotland in case of opposition by English Armes and to provoke each other to these several works by a short kind of policy the Scot was engaged so as he must yeild what was his chiefest glory And if he yeilded not the English thus disrellished would be quick to the quarrel This I say not to be the Kings aime No I believe he might see no more then the plain surface matter and never be able to discover either this intended by some or that other politique which I now relate intended by others who yet drove on the same design but as supposing that it was a certain way to involve the two Nations in a War which their conditions required but his resolution was to keep all quiet and truly knowing of the Scotch temper he urged but inforced not commanded but compelled not and though he better approved Englands Hierarchical order he would not utterly reject the rigidity of the Scotch Presbytery though he had found some cross dealings at their hands which in England would have been called the scandal of the Crown and were not altogether savouring of a Christian modesty and humility were it but for the Kirk to command a Fast on that day the King had appointed a solemn Feast of State and that after the Feast was publikely known and divulged I mention but a peccadillo and that under a supposition because I would not apply that to things which may be was and will be only the errour of persons during the reign of these two princes Elizabeth and James notwithstanding the many complaints of the excess and defects of the Laws in their several respects yet nothing was done truly worthy the supream powers by them claimed there were some particular streams or rivulets of errour amended or at least pretended by particular Statutes both in giving Laws where none were and amending what was amiss but out alas the Ocean whence all these had their rise was still the same Three special Statutes I must here remember of James one to punish with death him or her that had two wives or two husbands but not made death to commit Adultery yet as I have heard canvassed at the same Parliament this Statute severely executed The second as rigidly which was concerning them that were or are delivered of Bastards pretended dead born and having no witness present to be taken as murderers The last was the regulating of the number of Attornies for good cause there specified which never was so much as in the least observed nor a Judge ever questioned for it yet this as to the world and in carnall respects of as necessary concernment as the other I shall not progress further here concerning ought being now come to the portall of the Theater of all Quaeries in the multitude of questions
therein still and these successes against him whom God would cast down engaged them the more speedily to effect their intentions and enact a disbanding of the Army lest the Army should disband them This hastens the Armies march to London I am consident altogether unresolved what to do the work which God now called them to was higher then ever and the presages were the ruine either of London the Army or both certainly there were many who would have put it to the Tryal but the Citizens wisely considering that the multitude of discontented persons poor and necessitous were as great if not greater dangers within then the Army without and that lose they what they could by compliance they must lose more by opposition they admit the General The Parliament is now shattered many of the Members being taken and imprisoned are declared as guilty of the bringing in the Scots and might as well if not better of the several mutinies in England on the Land and defection of the Ships at Sea London is now Garrisoned the Arrears which were great there intending by want of pay if possible to dishearten the Souldier are strictly ordered and the Seat of the beast there that is Pauls Church the Cathedral made a Court of Guard and such Members as would avow the proceedings with the King excluded the House Ireland all this while was to the Parliament almost as it hath been with me a thing not regarded but now there are thoughts of that and the Army setled under a certain number with a settlement of pay respectively and order taken for the settling the Navy and Generals sent forth there is great thoughts of the necessity of doing Justice mens minds had run no higher generally then happily to bring a Lord or two to the block but lo God raiseth mens spirits to that height and brings them to it by degrees that they bring even the King himself to the Barr of Justice O that every heart may tremble at the work of the Lord he hath here manifested his power let all Princes tremble Charls of England the best of Kings I may admit but the worst of all other men for none hath such obligations is the example No Nation had the like mercies with England the hand of heaven had planted and watered us we were grown rich our eyes stared with fat and our bodies sweat under the pride of apparel but our Religion was formal and all our improvement of outward mercies were to licentiousness the poor were naked idle and unprovided for the Law held forth righteousness but the Judges and Ministers made it crooked or broken the rich men only were imployed the honour of Magistracy was rich clothes and a full Table but they were too good to take pains Now O all you Magistrates see God hath plucked him out who was prayed for as the light of your life and the breath of your nosthrils the fountain of your so called Honours your Idoll and hath broken off not only the palms of his hands and his feet but by the Sword of the Lord hath cut off his head as an offender against the Laws which he was entrusted to be the chief Keeper of I write it when I still see with grief men great in riches able in parts think scorn to be left out of Offices and places of trust as neglected but put them in and if they have nothing else to do they think that a work below them I avow it just if God should turn them out of all and set the Plough-man to be their Lord but I see yet no Justice for man to do it yet that they should be punished is most just but of this more seasonably afterwards men that will may see God in this and admire I know many pious Christians enemies to this Act who yet adhered to the Parliament in all the Wars and contributions thereto against the King yea in the offensive one but their stick is the Covenant I would have such rest content 〈◊〉 their own innocency in the fact they might have opposed if then they resisted not let them now be silent seeing the Lord is high in judgement That party of Parliament who transacted the affairs of State now still keeping the name of the Parliament though assisted with or guarded by the Army and in that saving to us our due Rights and Liberties of equal Law and property After this fatall Sentence proceeds to the sentencing of others both of high and low estate and enact the alteration of the State of the Nation from a Monarchy the Government being grown wholly confused the due regulation of the Prince the priviledges of Parliament and the liberty of the Subject being rather not to be distinguished then destinguished rather treated on in the Schools then by themselves and our Laws though the ignorance of them excused no man by the Judges or Senate then by the many concerned whether Executioners as Justices of the Peace inferior Judges Constables c. or the poor multitude yea all our Cities and Boroughs lost in their Franchises and Towns lawless in all kinds so that there was a kinde of legall levelling or theevery grown common Was it not high time for the Parliament of England to step up God raised up some spirits and but a few they attempted high matters feared not the frown of a King nor the combinations of all neighbour Princes which was threatned but resolved to establish the work God set them about And I let them to know God hath plained the way unto them there is no opposition but Self they have been Gods instruments for great works and must be yet for greater success doth not always demonstrate the truth God may suffer them in many errors for one good sake What he intends I determine not but may conjecture that themselves saw God Almighty intended an alteration of that frame of Government which was in this Nation What to settle is their work and how to oppose this settlement was now the endeavour some things I fear in the many Counterbuffs which God had given were taken to oppose which were never so intended though they might be tendered inopportunely and under the time of the grand design of Petitioning As namely some Petitions which though not burned by the hands of the Hangman as that was presented to the ungarbled House yet it was for some things it may be justly distasted in the whole disowned and called or rather miscalled as seditious by some interessed persons to render the whole odious Rainsborough is slain and no due enquiry into his death or Sir H. Cholmleys supposed compliance with the Pomfreteers This in an unsetled State where though faith was highly known and pretended to on both sides little was acted by the parties controverting but as men adopted enemies to new attempts and that from grounds given forth plausible enough for the Engagements at New-Market and Triploe-Heath c. were made the outside of the design The matter proposed
and through the might of the Lord Jesus may so live here that we may raign with him in Glory for evermore Amen Amen AN ESSAY OF Christian Government Vnder the Regiment of our Lord and King the one Immortal Invisible Infinite Eternal Universal Prince the Prince of Peace EMMANVEL Presented to all them that bear Office and are impowred by God in the Government of Nations but especially to the Commonwealth of England and to all the Magistrates and People therein expecting and hoping for the Glorious Appearing of our Lord Christ Jesus Ezech. 33. 7. 6. 4. 7. O Son of man I have made thee a Watchman to the house of Israel therefore thou shalt hear the Word at my mouth and admonish them thereof 6. If the Watchman see the Sword come and blow not the Trumpet and the people be not warned if the Sword come and take any person from among them he is taken away for his iniquity but his bloud will I require at the Watchmans hand 4. He that heareth the sound of the Trumpet and will not be warned if the Sword come and take him away his bloud is upon his own head LONDON Printed by Robert White for T. G. and Francis Tyton and are to be sold at the three Daggers neer the Inner-Temple-Gate 1651. To the English Reader READER WHoever thou art of what ever Calling or condition know God calls thee by his Judgements to a serious consideration of thy duty thy duty is towards him and those to whom he hath given power over thee They hold forth desires of setling the State and that both in Religious and Civil respects sincerely We all agree all out of order that which naturally draws most men is present benefit this makes some crie out for the old Government others one wholly new others to settle their Condition would patch and dawb and joyn iron and clay together I ask thus Is the priviledge of an Englishman and old Laws and carnal Interests above that of Christian Christs or Gods Laws and the inheritance of Eternity If so to them say so I am silent To the Christian Englishman I say I have propounded a Model of Christian Government I say not perfect nor according to that perfection which I do as I conceive comprehend but such as may be constituted to fit by degrees to a more pure settlement I intend not all should be as here set down it s but an Essay I have gone as neer the Original Law of England after the Nation received Christ as I could This if accepted must as in all alterations destroy many interests and advantage others All that submit in all things to the will of God will not kick against him in his dealings they will say it s the will of God I submit How it shall be done I leave to the great Councel of Parliament beseeching the Almighty to give them wisdom to govern the people rightly we are a stubborn Nation naturally where grace polishes look for assured help where wisdom settles you will finde no resistance Go on Worthies God is with you and good men are not against you chear their hearts go on to settle be not alwaies pulling down it s harder to build then destroy I know many of you then much more the people will think some of these Tenets against priviledge what the Magistrate to superadvise private actions be not disquieted either to think your care will be too great or the Subjects Liberty streightned The opposition is only to evil men in evil things and that when notorious the onely thing you all fear is Magistrates may abuse their Trusts To all such I say the Law is just still for the man punish him I shall not enlarge but in one word to the Politick man Sir I have I confess not stuck so close to the rules as many do at least of late but you may see I offer things as I think they may be now received to fit for better by degrees To all I say the intention of my undertaking was onely the peoples good but especially Gods glory who knows all our hearts and knows that I speak truth to whose guidance I commend your Spirits The Table to the Second Part. Chapter 1. Page 101. and 102. shewing 1 WHat is Monarchy 2 Its divisions 3 Whether Obedience be due in things unlawful and how 4 What if bound by Oath and that both voluntary and inforced 5 Limited Monarchy lawful and cautioned freedom or freedom contracted for due 6 The best way of gaining it by a Representative 7 Who and how to judge of the clashings or differences of the Representatives 8 The duty publike and private of Representatives as such viz. in their Trusts 9 The necessary issue of a Monarchy devolved into Tyranny Chap. 2. pag. 102. shewing What is Aristocracie Chap. 3. pag. 102. shewing What is Olicharchy Chap. 4. pag. 102. shewing 1 What is Democracie simply so called 2 Democracie setled in promiscuous choice 3 Democracie refined and that both in Electors and Elected 4 The end of Government Chap. 5. 102. 103. shewing 1. Wherein a Kingdom or Commonwealth precede each other negatively and affirmatively 2 Kings no weasiest to be corrupted and hardlyest reclaimed 3 Where a Kingdom hereditary is best 4 The evil of that in the issue 5 The evil of the three other sorts of Government 6. That evil and good is not properly in the nature of the Government but in the good or evil of Governors Chap. 6. pag. 103. Wherein is shewed 1 That States are subject to alteration agreed if so 2 That what was in the Supream Power as such goes along with it 3 That England hath right to Estates the late King had as King 4 The reason of all Chap. 7. Wherein is treated pag. 103. 1 That whatever the nature of the Government be viz. whether of one or more in chief Laws ought to be set 2 The reason of it Chap. 8. pag. 104. and 105. Wherein is handled 1 The evil of tying Magistrates to the strict letter of the Law 2 The evil of too loose a Rule 3 Magistrates in Supremacy their duty in this case 4. The supposed excellency of Englands last settlement and wherein 5 The reasons why Magistrates inferior must not be tyed too strict 6. A caution for them in Supremacy of power in unsetled times 7 Rules of bounding inferior Magistrates tendered 8 No Officer to be punished for executing the command of his Superior 9 Judges offences to be speedily determined and if he acts but for just things by these Officers not to be punished 10 Generally they that act legislatively not be permitted Judicial places Chap. 9. pag. 105 106 107 108 109. 110 111. Wherein is handled 1 What is Dominion Power or Authority in it self p. 105 2 What is the end as to others 3 The reason of mens subjecting to Powers c. particular good in universal 4 The various wayes of seeking it 5 The high respect given by Heathens to just
lay to heart these things First that you are in Gods stead Next that there are many vows upon the Nation for Justice and Righteousness against the then and still continued unchristian uncivil nay inhumane dealings of man with man as man with God c. You stand in the eys of all all your goings are marked and all your failings graven to Record Publick necessities your own consciences and peoples complaints have plucked forth Declarations to men as well as Covenants to God the Obligations to men are still the same if the reason be the same And for our Obligations wherein we lift up our hands to the most high God truly though the Covenant as is said be out of date that is the end of the Covenant for satisfaction to the King to draw him to an union and conjunction with his great Councel be disobliged yet the seeking of the setling of this Nation the three Nations all Nations according to the Rule of Righteousness in love peace and unity yea the drawing of them to uniformity both in Doctrine and Discipline according to the Word of God that is by the evidence of truth and the manifestation of the Spirit is still the duty of all Christians for this had been a duty had the Covenant never have been it was before it and must remain after The present Age is in the learned part very acute at least to censure all persons and then assuredly the actions of Enemies You have many who foment jealousies from the supposed Errings and delays some to one end some to another but all of beleeving the old experimented Rule of the destructiveness of popular Government from the variety and inconstancy the dilatoriness and ambiguousness of their proceedings and unsatisfiedness of so many selfish Interests as are among them this is to bring in the Government of a King again Indeed multitude of occasions makes your proceedings slow-paced Instead of particular Acts which are unsatisfactory settle a compleat body of Government you have means of supplying all indigencies for if you improve your power to evident publick good who will oppose The Royalist and all among the Parliament party agree in many just things yet uneffected Justice is the preservation as foundation of the Throne If you will raign safely walk not in any of the wayes of them that fell before you the president of their punishment as their error is too nigh at hand Let no interest deterr you from your Rule Conserve indeed the real Liberties of the people free us from all those Legerdemains the sleights of Oppression and Tyranny What was unjust gain in the King let not the State demand there depend upon follow providence as far as you will and be as remiss and so called merciful as you please but in things just and evidently conducing to common good be severe and unalterable this is righteous In things difficult and doubtful first use reason and prudence discover the interest opposing and so proceed to afflict this wil breed both fear and love Alter a good and just thing though to a more just by degrees and gently for interests have here lawful pleas but in evidently evil it 's the glory to make speed Connive not there for an hour What is here driven at is the just Reformation of all our Laws the Reduction of them to a Rule and standard of Christian Simplicity You that are of the long Robe both in and out of the house you whose knowledge both divine and humane abounds as your abilities in outward as inward excellencies Judges Councellors and Officers of all sorts look not at ancient Customes but at the common Justice of them not how they restrain particular evils but as they conduce to universal good If you will not admit the opposition of inferiors do nothing but carrying that evidence of reason as may stop the mouths of fools as well as satisfie wise men Let Godliness now in this light be the pretious gain it s the Pearl of great price Surely there are things called Law admitted practically for Law and those opposed and complained of which are so notoriously unjust and irrational so destructive to the Nation as its the admiration of all men they are not amended 't is laid onely to the charge as a matter of Interest to be obstructors see in the day the Lord opposing every evil thing lay down Self and God will stablish you To you Princes and Nobles I say learn by Gods dealings with you to see Thrones and Scepters Powers Civil and Military Riches and Honors Wisdom and all are the gifts of the Almighty Wisdom The Hand of Providence holds them forth and disposeth them as it pleaseth You have been bad Stewardes amend your wayes God hath here and there taken all away otherwhere a great part most have suffered know God is able yet to take away the remainder seek not therefore in passion to break out what ever you do carry God along with you and that not in thought but deed assuredly the judgement else will be more smart and deeper in every change le ts see the Work of God upon your hearts change Profession into Practise of Christianity idolize not the Form but acting sincerely Zeal Holiness Austerity of Life in the avoiding the very appearances of evil but exemplary in Charity and that not onely in giving much but giving well ordering the wayes not of your selves onely but of your Families so that the nobility of your souls in the excellence of graces may speak you illustrious above ancient riches the Vertues or Vices of your Progenitors The same I may say to the Gentry and men of great estate City and Country know God gives you much that you may do much for him wherein is now your excellency Titles Alas they are but like Absoloms Pillar serve but to eternize his faults and miserie Good cloathes large Retinue as Revenew if not larger and they generally idle and so necessarily vicious Coaches and horses bountiful and luxurious fare as much spent to feed and cloath ten as well would satisfie each day one hundred and for one hundred as would plentifully maintain a thousand Is God honored in all this or is the poor profited you may think it for thus did your fathers and so did you but where is the Rule the charges of the Commonwealth if but five shillings are a burthen to you who spend ten pound nay a hundred pound nay a thousand pound in waste and they that have nought follow your example thereby believing they gain credit I now shall speak one word to the Army You have followed Providence make no Selfish Interest your Idol lest Providence forsake you be assured others have many enemies but for you how few are your friends there are great engagements upon you to God who hath with such a continued course given success to your undertakings I am so far from incouraging to Mutinies as I condemn them there are just wayes use them I would
draw all the world by the Clew of evident Reason and demonstrative Justice much more Authorities and when my reason could not prevail I would at utmost lift up my voyce in prayer with one hand and my heart and hold my sword in the other for my defence All that I say is be English men still war us not into slavery whom you were made souldiers to redeem from bondage but especially you Officers let not promotion cause you sit still because at case I cannot but give out one word of advice to the great and eminent City of this Nation you were sensible of evils past pride made you fat and you kicked with the heel Though the greatness of Trade be broken repine not break not out there is more lost in a day then can be gotten in a year vex not Strangers from your Potency nor Citizens by your Power Petition not against Will instead of Law in others and use far more irregularity and upon less ground your selves you heretofore gained the whole trading of the Nation into your company we are all English men shew us your Charter of Priviledge amongst the immunities of common Subjects will you admit that a particular Company in your City should of the Grant of the King have a priviledge to the detriment of your general Charter why should you then to the dammages of the whole Nation Agree therefore to just things give God the glory to part with quietly from the convictions of just Reason what you might happily hold either by Law or Power from your Grants if the Grant be now evil though not originally so for Reason making things lawful and being the bounds of Supream Monarches in general it cannot be excluded their particular Grants I know this will grate hard upon some among you but if Christians they will hear it were better to be less rich and less populous so more honest and better regulated you are at present yea after so long sitting under the Sword of the Vengeance of the Lord the sinke of abominable open prevailing sins you that should be the Head to the Body and the Eye to the Head in the greatness of Blessings going before others and being a Pattern and Example to all the rest as a Mother City as you have been stiled in the Nation you are not active for that glorious Regiment of divine Reason which as Christian is held forth to us in the Old and New Testament of our Lord and Saviour the Lord Christ Jesus you labour not in what is established by Law then sure it can be little expected that you should endeavor the Settlement of more it is a work of difficulty the opposition of the world will be but the world is overcome and this gives hopes of Conquest when we fight an Enemy that hath been beaten it s the course of the world to plead Presidents and then the highest are the best you are able do the work you have done much in settling a Magistracie in Chief set to the design this is of interest publike but cease not here fit them to the general end of Government as well as to the particular one of Opinion It s the way of all Corporations this may not be evil in Politicks but there is a better in States much more in Christianity And from you I pass to all Cities and Corporations You have evils every day which need remedy you spy errors in your Charters whereby you see you are no way able to act for publike benefit endeavour the Settlement by due consideration of just laws present them as is due to the Supream Magistrate let them settle the due priviledges and so enable by a standing Law the Rule of your Christian Government in a social frame Emulation may be hereby a spur to excellency of Order while the improving the same priviledges more or less will evidence the excellency of men which particular honor is the Bellows to blow up the spark of outward Vertue to a flame in a zealous or ambitious spirit And you rich men and men of parts in all places improve your Talents hold forth the Light God imparts to you for the healing of this languishing Nation The poor increase so vastly through continued and unrepaired losses at Sea and from the deadness of trading at Land that unless some course be taken all must to wrack besides the mercilesness of Wretches who sell the poor for a pair of Shooes some by forging Judgements and making folks to compound some under colour of Warrants breaking open of houses being Bayliffs and that at midnight and then by the Justice its said Justices of the Peace let go with onely restoring the goods again and this since acted in several places they passing unpunished otherwhere a Bailiff upon a Judgement of one hundred and eight pound upon a debt of forty pound out of the Common Pleas whereby ten pound sixteen shillings is due to one Officer for one Fee as dammage clear out of their estate who are not worth one farthing comes and makes seisure of a whole Shop of goods worth by estimation above two hundred pounds in Grocery and other small wares of Silk Buttons Lace Ribbonds Linnen and Woollen cloath c. besides all the Housholdstuff not leaving a bed to lie on or stool to sit on and these are by whole Sale as they say without any Inventory or due apprisal carryed away and yet no Judgement satisfied that is not fully forty six pounds is all can be made out of these goods Men constantly Arrested onely to force them to compound for stand out a Suit they are undone yet who becomes careful to give or crave relief in these matters Thus the poor and miserable people are daily utterly undone from Forms of Law and the priviledge is in the Form O Englishmen deceive not your selves and others with shadows These so more then evident errings wandrings failings and unreasonable unjust procedures of so called and proud of as striving for the name of best purest holiest c. Christians are the gaps and inlets to all those strange unheard of Opinions those Blasphemous and unnatural bestial actions and audacious Printings which there is such a stir withal in the world lay ought to their charge they recriminate and bespatter fouly and soyl hangs For the letter of the Scripture if Christians plead that they are gone it is as killing under the Gospel as the Law for the letter of Scripture and the lives of Christians are as different as life and death hell and heaven This in contemplative heads convinced of duty works high and assuredly brings forth all those Enthusiastick Rapsodies which so amaze the world these urge them by degrees to greater heights of so called zeal for Gods Truth and then after a Prophetick strain they utter things hard to be understood I cannot see any ground why any should be led away after them nor give any credit to their sayings No I rather believe it to be the
parties of King and Parliament ibid. Two speciall parties Presbyter and Independent ibid. The principall differences generally discussed pag. 56. and 57 The doctrine Episcopall and Presbyterian the same pag. 58 The Parliament upon prudent consideration do not fully approve the Presbyterian way ibid. The reasons ibid. A main error held by Presbyters pag. 59 The Congregational way rather allowed ibid. And the reason ibid. The objections against it pag 60 The Army new moulded in a dangerous season ibid. Naseby fight and the disadvantages to the Parliament in reason ibid. The prosecution of the victory pag. 61 The King comes in to the Scots ibid. The Scots return ibid. Independants how thought on c. ibid. The Army seise the King at Holmby ibid. He is prudently wrought into the Isle of Wight pag. 62 The Armies interest questioned ibid. London Prentises assault the Parliament ibid. Generall Risings in all Counties ibid. A great insurrection at Norwich with an extraordinary providential issue p. 62. and 63 The Navy revolt ibid. The Presbyter joynes in the design ibid. The King set at liberty prudentially in the Isle of Wight ibid. The mannagement of the plot ibid. How advantageous to the King ibid. The Scot invades England to necessitate continuance of the treaty ibid. Colchesters Siege ibid. The Parliaments Armies streights and patience the Scots routed p. 64 The Army march to London ibid. Divers Members imprisoned ibid. London Garrisoned ibid. The King questioned and executed ibid. The Kingdome made a Republique p. 65 Opposition to the work fomented with the grounds of it ibid. All arose from the Kings party ibid. The Levellers rise ibid. Levelling in all the various Interests of it as evil considered p 66. and 67 Just Levelling considered p. 67. 68. 69. as it relates in the whole to a just settlement of the Nation ibid. The divers grounds these just Levellers had p. 69. and 70 Manifesting the difficulty of due reformation in the Nature of interest corrupted ib. The scandalizing of authority under availed name disallowed p. 72 General complaints considered ibid. A consideration of the incoherency of Christians Lives and Doctrine ibid. The Parliaments faithfulness in general ibid. Obstructed by particular interests p 73 Some considerations of some Laws or statutes new made how tending to the priviledge of the people ibid. Consideration of Engagement ibid. Consideration of trials by extraordinary Commission p. 74. and 75. Wherein is considered The holding up the hand ibid. Opening the doores ibid. The parties whether to have councel or not ibid. Whether the Jury be Judges of Law and how c. ibid. Gaoles and their evils briefly considered p. 75 Maintenance in prison p. 75. and 76 Arresting by armed power considered p. 76 Dilatory Pleas exploded p. 77 The reasons of making the Laws difficult ibid. Contrariety of Laws resolved ibid. Kings of England had not the Militia p. 78 Consideration what is the Law of England c. p. 78. and 79 Want of work-houses and the reasons p. 79. and 80 Particular Law-books examined whether Law ibid. These greivances not yet remedied p. 80 Errors in all states and conditions of men ibid. And the most visible reasons of some ibid. Lawfulness of Impropriations questioned p. 81 The Objection against the present Parliament ibid. Counsel of State considered ibid. Corrupt Interest still makes Corrupt Officers p. 82 Taverns Inns Alchouses the Nurseries of all vice encrease p. 82. 86. and 87 From these Defects Governors opposed ibid. Civil Apostacy as well as Ecclesiastick agreed ibid. Christs Kingdome desired till then a Rational prudential settlement ibid. Saints priviledge ibid. Their submission to all Government p. 83 Gospel good workes what ibid. Christians bound to the Law ibid. The vanity of the Amusive part of Civil Government simply p. 84 Court of Chancery considered and what is the proper matter for that Court p. 85 Some General considerations of legal grievances p. 86 Necessity of setling Schooles p. 87 And regulation of apparel ibid. More consideration of legal Nicety ibid. Speedier Law in proper places necessary p. 87. and 88 Magna Charta and the Petition of Right how the priviledge of the Subject considered p. 88. and 89 The way to settle the Nation propounded p. 89. and 90 Who to be used in setling the Law p. 89 and 90 Excellent reason in Englands Law p. 89 Evidenced in particular cases ibid. Gods Law to be the head rule ib id Consideration of discents of inheritance by a double portionaccording to Gods Law or as in England p. 90 Who the great opposers of due reformation in the Law and practice c. p. 90 Divers conversation of Christians to their profession ibid. A serious Caveat to all in power p. 91 The extent of the Engagement considered ibid. Assizes in Norfolk held in an illegal place p. 92 Some matters concerning the course of Error in Criminal trials remembred ibid. A great abuse in Vnder-sheriffs ibid. Evils of Law suits worse then ever p. 93 Something fit to be done considered to answer so many Engagements ibid. Difficulty of National reformation ibid. Danger if Reformation be not evident of strange returns ibid. Considered from several opposers ibid. Gods admirable workings for the Supream powers of this Nation ibid. This ought to raise hearts to serve God the more ibid. Not the Author of a work but the nature and usefulness to be regarded ibid. The end of the first part intimating the general end of the second ibid. Desire of a blessing from God in it p. 95 Courteous Reader amend these faults of the Printer with some false stops which the Author could not so well correct nor the Printer in so much haste as was in this desired PAge 2. line 50. read most p. 3. l. 9. r. ware and l. 56. r. our p. 14. l. 26. r. promises p. 17. l. 28. r. Grandeurs p. 20. l. 45. r. mother p. 21. l. 45. r. that p. 22. l. 53. r. Annate and l. 56. r. still p. 31. l. 26. r. change p. 34. l. 5. r. nought appeared p. 37. l. 22. r. at least as to p. 42. l. the last but two r. Councellor p. 43. l. 21. r. exacted p. 44. l. 47. r. Mystery p. 46. l. 3. r. that was was Kings p. 48. l. 13. r. Acres of the Tenement p. 49. l. 10. r. Christian Knight and l. 47. r. first p. 53. l. 43. r. barques p. 55. from the word there l. 10. to reject l. 12. put a Parenthesis and l. 27. r. while with a little w. p. 58. l. 51. r. impowred p. 67. l. 21. r. to leave each p. 69. l. 11. r. a Hanck p. 78. l. 37. r. Hanck p. 82. l. 35. r. policies p. 85. l. 22. r. course p. 87. l. 15. r. effronting and l. 18. r. universal p. 89. l. 19. r. force p. 91. l. 31. put the stop after value A SVRVEY Of the Houshold of God on Earth c. THe Lord God for his own glory and the accomplishment of his determinate
performed or otherways adorning Churches the several Manners Places Times of bowing gesture and order of pronunciation at or in reading all not only discoursed of but applauded and generally practized adoration at the entery of the Church and also at departure and that to the East all for uniformity the great and special pretence of the so called Church that is the Bishops the Fathers of the Church according to their own stile Bowing or Genuflexion or Adorations to at or of the name of Jesus Extream unction Confirmation Pennance all practised yea a Nuntio of the Pope but not so owned yet well known and which troubled the people most of all a raile of wood or other partition betwixt the so called Priest and people at the receiving the Sacrament so called of the Altar and this of necessity and the words of administration purely Popish as yet in the directory But all persons without question in the parish admitted to the Sacrament as by Law was established these things setled they haste for power to the further setlement of the Church in power and purity and by the Kings power they are convened and called the sacred Synod where they Act with large commission and fearing counter-buffs of Providence by them called Fortune they denied the Pope but admitt Popery in its full height and to evidence the Antichristianisme they establish their Hierarchy with an oath with that famous clause of c. labouring as the brood of old Rome to bring all Temporal jurisdiction under ecclesiastick censure and this was the condition of the Church or Churchmen or Clergy men so called I shall now as shortly give you a veiw of the civill State as the necessity of perspicuity will well permit You have heard upon what a politique Basis William so called the Conqueror founded his Empire which yet from evident causes declining even in the space of his own and Sons Raign did evidently shew the frailty of all humane wisdome and therefore might well in the space of six hundred years be brought to nothing and truly once for all to say it I am in my conscience perswaded that King Charles did see the want of Law in this land to govern the Nation rightly and upon that foundation sought to mould the kingdom to the similitude of other Nations for it is a sure and certain principle that States grow old and Laws c. And if not reduced by reformation there is a necessity of a new formation Now the chief thing which a Prince looketh at is the power of War or the Sword and this so far as the power rested in the King which was his Tenure was clean lost and gone for the many transmutations of possessions had made many litigious questions partly through the corruption of officers not duly awarding process against alienators without license partly other defects of certain boundaries and partly the evill of time which had through divers discents parcelled great estates into many persons So that there were many Tenants but few Knights and what was at first an honor to hold of the King or by Knights service because the Tenants Son and Heire should yet come to the education of a Lord paramount or higher then the Father and so should be bettered both for Arts and Arms the Kings of late years had made them absolutely but the fees of their Servants and the Heirs of gallant men were as bad as slaves to the will of the Kings Grantee whereby they were yoaked unequally in marriage or their estates were generally squeised of sometime a third sometimes a fourth or fifth part in the Court of Wards so that they that should have been the Princes guard as it were being thus prejudiced in their minority and drinking in hastily the complaints of their friends bewailing their Wardships as an insufferable vassalage could not heartily seek to maintain that power whose subsistence was their ruine to eternity in all their progeny and through the long tract of time it was grown to this that almost any great or rich mens Son must be a Ward all Titles of Lands being so exceedingly intricated that it was almost impossible to clear it and this rigor was never higher then in the daies of this King so that it is evident for a setled Militia for his own defence he had none but had left himself naked to the strokes of any timely opposition Next as he had robbed himself thus of power so had the example of all the Kings in part and the power from jealousie in other part devested the Lords of all power military by dependencies of Knights service The Oathes of homage and fealty the Kings had respited them to enhanse a revenue and the Lords were not willing to urge that which had been so fatall to many their predecessors through their dependencies and being now grown generally loose lazy or worse from the long peace we had enjoyed they had no contests but at Tennis Drinking Dicing or worse sports and sometimes a Law suite These yet sunk many of their estates and they had no waies of raising them but by the Kings sole favour for there were no Lords now that had absolute power in any County this made them wholly quiet and the rather because to be of an active warlike spirit gave cause of jealousie to a Prince especially of any who were not meerly his creatures namely of ancient popular Nobility that is their Ancestors of great repute with the people Many therefore retired themselves lived privately and quietly in respect of the Court but few of them with great love in the Countries where they were resiant carrying too severe a hand towards their Tenants by racking of Farme-rents and otherwaies as Lords of Mannors enhansing fines as all the Gentry also at their own wills enclosing of Commons for private profit and by the evill example both of themselves Servants and Retainers bringing a general Lewdness Looseness ād debauchery in religion and civill manners into all the quarters of the Nation For the Country still at least as far as it may or can imitates the Court and so downward by this means a general almost universal pravity and corruption stole upon and got possession of the English Nation not that I think to speak once for all that England was worse in any respect eirher for civill or Ecclesiastick government then any other Christian kingdom no but that it had departed from that purity of Government which it self held forth and had in some measure exercised yet was then taxed to hold forth little of a true Christian Government at all for first though the Sabboth was held moral yet it was prophaned and that by publique authority as by the book of sports which also gave such a loose to the power of the master of the family that he could not govern by an exact rule that power being before too much broken and this opened a gap to all inordinate walking towards magistracy in other both superior and
at last and though as the Law held forth a plausible remedy to all mischiefs so to this in the Chancery yet it hath been generally found the remedy was so far off and so dearly purchased that it was as evil if not worse then the disease and though these Courts might do some good heretofore yet now there accrued no advantage to the Commonwealth by them except the multiplying of Atturnies Alehouses and suits were a preservative for a languishing State To speak of Arbitrary Fines how intolerable illegal and inconvenient were to no purpose but all these evils grew in the Reign of Charls to an excessive burthen An other growing evil was the multitudes of poor which arose as naturally from a long peace and secondly from a want of a legal approved way of disburthening the Commonwealth by Plantations other then voluntary lest priviledge of the subject should be touched upon so fell it out A third reason was the multitude of Inns and Alehouses the Inns grew upon an old Law when the English scorned the lazy life of an Host aad there were few Inns yea too few for to lodge Ttavellers therefore the Law debarred none from taking up that Trade and the Lawyers not having a judgment against it say it is Law still though the Reason ceased long since The other is of Alehouses multiplying in all places sure for by-respects as knowing much drinking raises Malt and that Barley and so the Gentlemen let their lands and rack their rents more so it fills the rich mans purse and empties the poors Next it was the ordinary advancement of a Knights Justices c. over-worn Cook-maide or his Groom or happily a cast Fallconers fee or Huntsmans as the pentions which are now out of the casualties originally instituted for maimed souldiers Fourthly and most imprudently from the laxation of Laws in the Justitiaries of the Nation for whereas King James found the Nation so governed that they who could not maintain a wife might not marry for a License they could not have the Bishops taking care enough with their Officers that the poor might not have lawful favor of a Licence lest their Hospitality might be charged or impaired by their maintenance and their publike denouncing the bands of Marriage the fist time the Parish for the like cause hindred it the second if any cause were usually none were permitted marriage till the man were thirty five at least and the woman thirty whereas since they coupled at fourteen fifteen sixteen seventeen eighteen a great age this hath bred multitudes of poor weak and tender poor and so for want of due provision roguish lazy poor for many Statues are but all to small purpose some men being so chary of particular priviledges that they have undone the publike and to save a Rogue or Whore from whipping have starved thousands to death For this was the course of Englands good general Government they were all one body and that as men so as Christians and therefore what the Parish so called could not perform the next must if that served not the hundred must if not that the County and so forth and this both for a stock for work for those could work whereby they knew the laborious poor and lazy poor and could afford incouragement or discouragement accordingly Next for maintenance for those could not work or not to maintain their charge fully This now was in times of Popery reasonably supplied partly by the Deacons the proper Church Officer and partly by the civil Officers of the Town Charity being then the high step to heaven applauded by men as declared by Paul and though the great Charity went to Monasteries Frieries Nunneries yet these were pipes which afforded some refreshment to the hungry thirsty both strangers and domestike but now there were new Laws new Provisions new Officers and all to make supply yet the work grew so difficult it over-mastered the Actors partly from the reasons aforesaid but more from the niceness grown upon the Law so that the Justice of the Peace knew not what to do whip a Rogue or loose person or such as the Law held forth seemingly liable to the lash he was sued and there wanted either such cause as Master chief Justice thought fit a Warrant of Commitment or a legal so called Warrant either it expressed no cause or not thought sufficient cause yet the cause in it self more then enough either it was to Bridewel where it should be to the Gaol or the Gaol where it should have been to Bridewel this for Rogues Then for idle people that would not work the due order of assessing wages was left so that what Rule to keep who could tell multitude of young people living at their own hand some commonly reputed to live whorishly others knavishly others theevishly for they neither wrought nor had of their own yet lived highly to complain was unneighbourly so they went on yet if complained of what could be done they answered they would have Services if they could yet if in Service they would do nothing nor tarry but their own pleasure or do but what work they pleased and wages they would have as they list and compound to do what they list or be gone and the Justices were so terrified by the Judges and the Masters by the length of suits as all was grown to loose liberty For the binding out of Apprentises a good and wholsome Law that the poor educated in better mens houses might be trained up to be fit for imployment as Husbandmen and otherwayes truly through the pettish wilfulness or niggardliness of some men in Authority it was assumed to be against the liberty of the Subject to impose a servant upon him and few or none will take willingly so that the Law requires it but none looks at execution if any do the particular Justices must upon refusal binde them over to the Sessions where he shall be plagued and as he saith malitiously vexed with attendance and pay fees and then nothing is done 'T is truth the Law holds forth a way of raising stock to put forth Apprentises but this is as litigious for there is much ado to make a Rate if they will not do it binde them over to the Sessions is all and there Lawyers make such work for their Clients as home they go without Fine or other punishment And generally the great persons are most backward many think scorn to be rated by their neighbours and if they rate them they will pay nothing or not above their estate there which happily is two or three hundred pound per annum and may come to six pence or eight pence per moneth and they have one two three four five six seven eight ten twelve twenty thousand it may be and how do they spend it but in pride riot vain excesses for generally they either live in Cities and then charge them otherways then they like or list they are gone or in small Towns that is
Market is over before they arrive or near it They also put exceeding charges upon admissions c. and no accompt but to themselves which in the consequences may be destructive not only to the private person but body politique in amassing Treasure The lesser Corporations were for marking measuring sealing sluffs linnen and woollen with a Crown Seal forsooth and these were his Majesties gratuities to the Lord of c. Marquess c. Q. Mother Lady Nurse Groom of the stool that is the Close stool whether King or Queen high and advantageous honours and this discended to outlandish as in Land commodities yea to pins and brooms and it was said to Rags for paper and Marrow-bones for Kitchin-stuff or grease Next he found one so base as being a Lawyer to take a pattent to have the first motion in the strictest sence or to be heard in all cases before any other which the Judges wisely quashed in the shell hearing him and shewing obedience to power and fulfilled this Patent therein and then declaring by an intimation of a rigid dislike that the Authority pretended could not that is with safety grant it for the Lawyers would be stirred who had the key of Knowledge and they once disaffected might be like a spark in powder All these had their success because they by degrees falling upon persons or trades only they even upon advice desisted generally from more then expostulation some few brought Actions and were killed with delayes and frowns Then the King intends a Master-piece which was at once to quash all controversies by a sleight and sudden judgment having a colour of Law but no substance and this was by an universal charge upon the whole body of Subjects so called Ship-Money which had for foundation thus much The Kingdom was an Isle the defence Shipping the Navy was decayed the King must replenish so he rigs his Ships and sends them forth to take the ayre as the idle ones said but indeed to inure bodies to the Sea settle them under pay and discipline and so engage dependance they return and whereas heretofore the Maritine Counties sent forth Ships and the Land towns paid now the King would provide all Ships and they all should pay now this was clearly done only to inhance the so called Crown Revenue for the Subject saw no Enemy and so no necessity the original cause of that Tax a general peace was held to the out side with all Nations after theslaughter of the gallant English at the Isle of Ree and the dismanteling of Rochel But the upshot was the King must be judge nay sole Judge of this necessity and this is quaeried by the King to his Judges which to prove the assertion before they were all King trodden that is had engaged all their abilities to his meer will two onely of twelve in this so important a business as indeed the whole life of the Subjects Liberty was involved in it as to his estate at first and for denyal of that to his restraint durst assert the truth which two only I shall own as men noble and honest Crook and Hutton and though both or one were by the plurality of Votes ingaged to the first Quaere Whether the King were sole Judge yet upon the Tryal brought by that true Patriot Hambden they righted themselves and the Nation to the utmost and honest Crook spake true plain English reason and good Law while mercinaries blundred upon the work and had they taken Barcley's Argenis and read the discourse betwixt Polyarchus and Hyanisbe touching such taxes they had saved their credits as only declaring the judgement of an Alien to English Liberty and reserved themselves But now 'twixt Truth and Loyalty so called they were confounded and gave no satisfaction no not to the well-affected to absolute powers and by this notwithstanding all power the Subject was enboldned to deny and at last after some two or three yeer the King was enforced to desist and surely his cogitations were for Armies how providence prevented there being so many discourses of it I shall omit only with this hint That these fore-runners manifestly declare that the Arms in Ireland raised by his Commission and continued in England against the same power of Parliament Assertors of the same Common Liberty by the Nation owned and petitioned for were undoubtedly the effects of the same cause namely the subversion of Englands Law and Government the peoples Liberties and all Rights making the King by his meer free will the absolute Arbiter of all actions civil and criminal Thus in brief I have set down some of the visible preparatives to Englands Climaterical Revolution which it now labours under In the discussion of the State of affairs civil and so called Ecclesiastick before but especially in the time of the late King and all shews that plainly there was left no more then an outside Christianity or formal Religion the temper of the clay of the world the pravity of Reason in the depraved principles of policy the iron of reason in the variety of species of Government and the gold of Christian simplicity the gold owned in the Scriptures by Authority allowed the iron in the rational formal profession of the same and the consequences thereof the Clay in the false and unconsequential glosses to make mans rule and absolute Government the higest and last refuge of every man and that for a particular persons end though in publke trust for that trust was said not so much to be for the peoples benefit as his own These things premised I might omit the passages since as being fresh in every mans memory but at the desire of some I shall go on in the way of a cursory Historical Narration repinings and grudgings by and from the actions of the King and his Ministers growing high so that it was not thought fit to proceed without some force ready for fear of insurrections which were indeed desired and therefore the people were afflicted that they might rebell and bring themselves into slavery The King having received the platform of alteration of his State from Thomas Earle of Strafford he is made his Agent to keep on foot a strong Army in Ireland who to speak truth were a company of men fit for as high an attempt as they were intended for but being Jesuited in great if not the greatest part they might have double designs that is rather to embroile all the Kingdomes and fit them for the tooth of the Spaniard their universal Patron then for the Kings absolute settlement in England whom they truly knew not to affect the Popes interest further then it stood with his own which is truly the Maxime of all Princes however they carry it Upon the confidence of this Army he is fooled into a quarrel with the Scots and was undoubtedly made beleeve that to let the Spaniard land 10000. in England was the only way to set all right and Wentworth a man of depth of policy and courage might
over-confidently accept these councels the truth I shall not prolixly assert God having providentially cut of that Quaere by the Sword of the Hollander but their course lading provision number and quantity of men and Commanders quality of convoy and backs of carriage besides the testimony of divers all tend to demonstrate the same nor for the same reason shall I argue how cross and incoherent we see these Councels were for fools see errors when the cast is plaid which the wise Gamester studied for and could not descry This as it hastened preparations on the Kings part for war so it enforced him while yet unprepared to hold out the Ensigns of peace and what no advices could produce before is now for interest sake granted namely a Parliament wherein all under-hand proceedings for elections not being able such a general dislike being in all men to the King and his proceedings to work and mould it serviceable to the Kings ends he as soon dissolves as calls it This breeding a deeper distast and he not yet fitted and seeing the people now fell upon petitioning rather then rebelling relying upon the Parliaments united power rather then upon their single personal rights and would sooner venture to set down with an unjust loss of part from the Kings power then loose all to his mercy by an unwarrantable course He calls a Parliament again and to this Parliament are brought so many complaints that I fear the bulk of Petitions and Remonstrances will affright our Worthies for looking into them and let much necessary work lye undone not giving due reparations to many persons against publike Theeves and Extortioners Now the Parliament made no great haste and the King was urgent for money which they taking advantage of and of his former not only declining and breaking up or dissolving Parliaments but his neglecting his own Laws that is those to which he had assented they upon the ground laid in his third year insist to have an Act for setling this Parliament till dissolved or prorogued by themselves notwithstanding an act for calling a Parliament every three years thinking no knot too sure to hold what they still found loose which effected with some other things they then fall to work with the Earle of Strafford that had power enough to have done all he intended in an ordinary course of providence had not vain confidence that he could do it when he would as the Almighty determined befooled him he surprized who was the Master-dear the herd flye and though accused by the Kings great Councel yet his Majesty having affections personal notwithstanding the supream publick trust in ordinary gives them his pass and by the means of his Admiral they were set safe a forreign shore and now himself labours to his utmost the safety and preservation of that man who had ruled in Ireland to his utmost in that absolute way he intended his Master here should as the Cardinal Richelieu had done in his France the great pleas on his side were what he had done was for his Master the King by his special command for which he had his warrant and for all Moneys his discharge and if a further offence were it was against no existent Law if Treason c. not within the Law of 25. of Edward the third which was made with much advisement to preserve the Liberty of the Subject and consequently his life by a certain knowledge of his dutie To which it was answered that his trust was to the Commonwealth to the King in his Politique not in his natural capacity and his personal receit warrant or allowance was not sufficient but they had power yea in case he had had a legal allowance or discharge in ordinary yet for the Commonwealths sake which includes both king and people to call him to an account And to the last part that it was against no Law existent They said the Parliament was by the Stat. Judge of Treason de futuro and to orethrow the Laws and government was more then to destroy a person to ruine a kingdom then kill a king and therefore I must agree by importunity forced the King to assent to his death which effected and not dared to be recalled all plots and policies left are used to break up the Parliament by the King yea an attempt made upon some Members to sacrifice to the Ghost of Strafford but all failing and yet manifested the Parliament think fit to have a guard the King practices the Army the Parliament Vote no less then 400000. l. And with that disband the Army the King thus lost every way and the Army in Ireland utterly lost by the grand Rebellion there taking many of them part with the Irish if not most and this still giving harsher resentments to the people whose Liberty was now grown great and the Parliament loth to hinder them while they served their turns many not only sleights but affronts were put on the Kings servants reflecting upon himself The Bishops now shew their sure Rock was he and they wholly cleave to him the Lords many joyn with him many against him and many appear not the Kings Agents whose designs had been nipt here being now in Denmark Holland France c. moved for assistance against the Parliament of England as the Irish Rebels do there they seek the same things and under the same pretexts so that the King is said and not without some ground to be the chief Actor in all so loth he was to call the Irish Rebels This causes the Parliament to talk of raising Armes not only to defend themselves against the King and those with whom he came to the Parliament House and kept still about him being generally a crew of Jovialists debaucht persons But to offend such publike forreign Enemies as under the Kings Name should be brought from other Nations or raised here to which there was such an unanimous loan of all sorts especially the Religious who found a change indeed in their condition That they from that took the hint of the strong affections of the people towards them and upon that Vote the extirpation of Episcopacy the which the King so long contending for and so eagerly ruined himself with them How far this is to be read out of the Revelation I shall not quaere but say it was long foretold out of that prophesy and now fell out they gave themselves now to treat of Reformation of the Church but this rooting up Episcopacy took many from them they had voted and acted against pluralities as to settle the Church and gave the Judges a setled and sufficient salary pretending to take away all other Fees from them but proceeded not The King fled from London the Convocation they follow his shaddow the Parliament call themselves a certain number of men called Ministers from all parts and nominate them the Assembly these sit as the Clergy of England the King after many Traverses having gotten together an Army comes to Oxford whether
many come from the Parliament to him as well as went with him there he erects or allowes a new Parliament And by their advice as his Parliament at Oxford demands Treaty with his Parliament at Westminster which they reject and at last the Lord Keeper of the Great Seal London indeed stood true to them which by its Vicinity to the Parliament and infinite populacy awed all other parts they had a sence of former sufferings under the power of Kings they had a deep sence of the extremities the godly and most piously affected people suffered in all parts of the Nation and how far the vicinity of the Court and Archbishop of Canterbury had violated their Christian Liberty prevailing over the quiet spirit of their Bishop was though little not forgotten they therefore generally followed the Parliament especially stirred up by their Ministers as having in hand the cause of God The King he brands them all with Declarations of Rebellion and taxing them with seeking his life and the rooting out of his Posterity They answer that they were so far from seeking his life as that they should labour by all means possible to defend and protect the same their just Rights and Priviledges preserved and for his satisfaction cause the Nation generally to enter the like Protestation this not satisfying but it being still urged by the King that the Protestation was but to establish their own power not secure his fears While their Armies were in the field against the King they answered They were only on the defensive part and such indeed was the Generals Commission and that they could not but according to their trusts preserve the Laws and Rights of the Nation Hereupon they open the Law that the King was indeed but the chief trusted person and that for his peoples sake that of this not he only but they also and more especially being congregate into a body were to judge that his failings past demonstrate his ends contrary to publike interest and resolve that even the Law of Nature taught self-preservation and that it was too too visible he intended an usurpation upon their just Priviledges That they desired his preservation so it might consist with the Weal-publick and therefore desired him to leave the company of evill men so called his Counsellors who mis-led him and to adhere to his great Councel and promised to make him on these terms the most Glorious King that ever was in these Nations and now a diverse part appearing upon several grounds and opinions amid the Members of the House the prevailing party to firm the union betwixt the Scots and them more strongly whose assistance they had had all this while in the work they frame a Covenant which held forth security and glory to the King and his posterity in endeavouring to settle Church and State upon the firm foundations of Justice and righteousness which taken in Scotland is transmitted hither and they by Parliament made brethren and this is tendred to the King to sign being first taken solemnly by the principal of the Nation with this condition That if the King agreed with them in it they would still not only acknowledge him their King but make him more glorious c. But this was so penned in such general terms that an absolute Royalist might well take it for it was intended by the some I say not the many by the leaders not the followers but as a measure to try the stretch of every mans judgement opinion or interest many no doubt took it cordially many formally some strictly some loosely but though this were not only taken but urged yet Armies were continued against the King as he said in the field against his evil Councel as they said 't is truth their evil Councel was now his the Lesson of absolute power and to be like his Brethren the rest of the Kings who had joyned interest with the Whore of Rome made him not only hold correspondence with that Beast not only at bed and board but Councel also as far as served his interest who undoubtedly aimed to rule in all things according to his own Will which Will yet should have had Regulations but still with such dependence upon his Judgement that he being the speaking Law would have had no Interpreter that should be able to cross him and his determination and so the Law must have spoken in all things to his lust or he would have made it and this he thought and I am perswaded believed to be the undoubted right of all Princes though their people as his in case of contest between competitors for the Soveraignty might wring something from them of Grants or Charters or so called priviledges or immunities which yet he believed they could no more grant to the prejudice of the Crown that is of the heirs and successors in the Kingdom then things sacred to God could be imployed to prophane uses This doctrine admitted which I dare avow was and can prove sufficiently by Witnesses yet alive That our late King Charls said these words openly upon a Hearing Mr. Hern I have heard what you have said What do you talk to me of Law Justice or Conscience according to all which Mr. Herne alledged the Patent signed by his Majesty to be I tell you said the King there is nothing in England shall stand that is not for my profit There stands one pointing to Sir John Banks then Attorney General who had hundred of pounds many I have heard for the work and drew the Patent shall bring a quo warranto against the Patent and see then what you will do Now take notice this Patent was of the new invention of Salt and opposed the Monopoly at the Sheilds under the favor of deservedly beheaded Hambleton and the Inventor not complying with the Kings Interest against the priviledge of the Subject the King brake not onely his private word with him contrary to particular engagements under his Hand carried by Sir Charls Herbert but also his publike word as King this sentence being so ruinous to the man made the Worme speak and said Sir Dare you be a King and be thus unjust I never read of Tyrant said so what ever he did or words of like effect whereupon Lord Dorcet with a great oath by his Maker as I express it said loe and if it please your Majesty these are your prick-eared Rogues the Tub-preachers and indeed he was a Zealot these are they will pluck you out of your Throne unless you dethrone them I pray take not this Lord for a Prophet unless like Caiaphas This word I could not but insert for conscience sake as a firm Index and testimony of his reall intentions This kept him off from closing with his Parliament and the rather because they insisted to have the Sword in their power for so many years or during his life tenderness of him caused the Parliament to venture far for it could not by this sole defensive way but protract the
of Reformers cause us to fall out with duty But while they fail let us as we should seek the Lord with double diligence I know there is much objected but the matters most eyed are first of purse-concernment as the Taxes or Assessments for the Army the Excise Customs c. wherein many that are contented to pay do yet much repine at the inequality of the levy But as to them I must say I know they in Supream trust have of late done much nay almost as much as in them lies its perticular interest now obstructs the real truth is corrupt principles have such root in us that gain is above all godliness men eminent could be willing all others should have Justice so they might be favored Yet this one thing might well be yet provided for in the Act that persons of not above four pounds per annum and not able to work or having a charge of children and no personal estate to the value of ten pounds and not being Farmers but living upon that should not be charged many now paying twenty shillings per annum to the war who are fitter to receive collection and many worth four or five thousands nay ten thousand pounds personal estate not taxed at all or if at all not above one shilling or one shilling six pence for three months The next matter chiefly eyed was after the alteration of the State from a Monarchy to a Free State or Republike to consider what should now be done to make good that freedom promised and the first or one of the first matters existent as a Law was the Act for Treasons the Objections against the substance of the Act as to the matters what is Treason I for the present omit to relate but pass to the forfeiture which is to the State as to the King and this some humbly conceive not agreeable to the rule of just Freedom hear their reasons shortly They say first That it is unjust to punish the childe for the fathers offence that it is evident that this was not the original Law of England Nature or Nations but the usurpation of Princes Heathen imitated by Christians for profit sake that it is a folly to think love of the estate or of wife or children will deter where the life is not considered and that this layes the same foundation for the State to seek by the rigour of Laws to gain estates to it self as in the King so that now our condition is not bettered in our Liberties for as our Supreames may be more merciful so they may be more rigorous the settled equal Law is the Subjects best priviledge Again In the Act for Treason they say this seeking of interest is evident in the particular of Coynage of money Clipping c. which being a work private much evil may be done and no legal discovery made as late frequent practise in all places hath evidenced but to put a penalty upon the offerer of it would soon give a full stop to it and that is the best Law which effects its ends with least publike or private detriment now to forfeit the piece so clipped filed or rounded would stop the currant but to forfeit that and so much more would dry it up quickly especially if it had an easie Trial as before the next Justice or two next Constables or some certain number of the neighbourhood and the faulty money immediatly to be cut in pieces I speak not of Coyning Stamping Counterfeiting and Washing let due penalties be by Law imposed onely trial speedy and easie The next Act controverted is that of Printing the Objections against which being publikely avowed in Print though some may say more wittily then with found Christian consideration I shall here onely say thus much that as is there in part held forth it is likely to be found the best expedient to stop the current of calumnious Printing not to do things subjecting to scandal and assuredly all moderate men will assert the Magistrate against the Calumniator if to this end the Press were open provided that each man would own his work and like the old Greekish propounder of a new Law write under the peril of his life it might be an useful expedient to take off Tryflers though it might endanger many whose zeal were either too much or knowledge too little I am now come shortly to the great rubb at present which is the Engagement against which none sure but preingaged persons can as matters stand object justly for otherwise to resolve Conscience we must ravel the Successions of all powers for if the actual possession of the Supream power doth not inable to require all Political obedience then surely acquests without just Title are void if so time cannot remedy it if so it concerns all powers to justifie to each Scrupler not onely his pedegree but the justice of it from the beginning I may say of the world but it is plain the Boglers at the work are such as look for an other change It is certain Protection requires Obedience and it is as certain that they are happy in Politicks who in the Changes of Government are so disposed by the Supream Wisdom for mans alone will not avail that they exercise the extream or height of Rigidity or Mercy aright for one is ever found necessary And now I am come to the last great contest the peoples Liberties The questions are first concerning an extraordinary Commission to try sitting the odinary Courts at Westminster For the holding up the hand opening of doors both which were pressed I fear rather to make a party and oppose the present Power then out of Conscience I omit them here The next was Whether in Case of Life a man may have Councel A third Concerning the lawfulness of requiring and taking the general plea not guilty The last Whether the Iury be Iudges meerly of fact or of Law also and to these well may be added two things more namely the Queries concerning maintenance in prison And arresting by an armed power in the time of peace All which indeed are of main concernment to the Nation and people yea even as much as Lives and Liberties matters of the most pretious respect with men and justly to be inquired into wherein I shall only shortly give the general Opinions and Arguments of men wise and desiring just things but withall entreating briefly of the criminal part of our Laws prosecution which hitherto hath been purposely waved I take it that the Law of England according to the rule before said down owns a twofold way of bringing persons criminous to trial which is that of appeal of which I shall onely hint what it was being now a thing as before I said wholly disused namely it is a prosecution of the party be it for Maihem or Felony of any sort and in the name of the party appealing which suit he might by the Law compound for and release yea if it were for murder at least it was
chargeable this is destroying property in honest English for cutting up young Timber felling young stands underwood and the like with many other wrongs no law no remedy evident or practised Alter but the Law of hanging for Felony and this and a thousand things will the learned make Felony streight if you give but two-fold restitution or servitude for a set time to be by you appointed But especially look to give speedier Law in the proper places to at least the poor or small matters it is necessary to Commissionate some for the speciall Counties and that to determine all suits both in Law and equity the want of this is the main root of growing poverty and that upon Petition without formalities of Bill and Answer Declaration and Plea give a stop to cursory Writes of Error and regulate executions for under Sheriffs and their Officers have need of it if any I love the Reason of our Laws and am as much against Tyranny or pure Arbitrary Government as any man I honor the learned and upright Lawyer and would have vertue learning yea and service in all due Offices should be regarded and rewarded I allow the necessary dependances of inferiours in all ranks upon the supream or absolute powers respectively it is but the unnecessary fruitless or destructive interests that are opposed which every just man will stand for both with life and estate And by you Right Honorable in your prosecutions thereof let no private respect take you off it is not only reason but necessity calls to you for it therefore on in the excellency of strength fear not a clash with any corrupt interests whatsoever onely what is just let it be done justly it is the eminencie of Vertue alone can make your enemies hearts yours though power may conquer their persons By this time it is time to winde up my Clue of History wherein I profess in the presence of God I have to the utmost of my skill and knowledge waved all bitterness and what ever might justly give occasion of offence I yet know some will be taken by men of all tempers I nor no man that will speak truths in such a season of interests can expect to please all if it be hardly possible at any time I shall as God shall enable me go on the assistance of whose gracious Spirit I humbly crave and hold forth what the Law of pure reason agreeable to the divine word hath established to be the Rule for the exercise of Justice and of Righteousness among Christians But some will expect that I should speak one word to our so much pleaded boundaries to Preregative and Rule of Priviledge Magna Charta so called and the Petition of Right more then what hath been said I suppose needless to shew that they respectively in their seasons were but the beginnings of that freedome which the Subjects of those times breathed after they are to us or were before these divisions brake out but the reducing as I may say of speculative or notional Liberty into a way of practicall or real Freedome for what was before only in the breast of the Judge was now in English letters made obvious to each mans sense so that they after pleaded that Letter against any contrary walkings whether in the King or his Officers So that Magna Charta is not pleaded as the utmost due of the English Subject nor the Petition of Right but as those things which are so essentiall in the generalty to any Nation that even the Kings must afford them or they are not just And the Rulers must act accordingly or they are betrayers of Trust And if it be impartially discussed it will appear that the private interest of Princes or the power intrusted for publick benefit abused for self-ends hath been the ground of the principal opposition to Prices for where hath the excess of power or stretching the Law for publick benefit or honor of the Nation or against publick visible offendors been impugned no the lives of many Citizens and the confiscation of their estates not to speak of taxes or restraint of Liberty have been by the generalty praised and allowed though some prudent one might Stoically out of the fore-sight of mis-improving these presidents by evill men disallow such Liberty If a free-spirited understanding Englishman look upon the first Chapter of Magna Charta unless enforced through necessity to make use of any shaft to wound an Adversary yea though it flyes in his own face and wounds him what will he say to it for after the freedome granted to the so called Church the Preface or Assumption on the Kings part is That he having God before his eyes for the salvation of his own soul and the souls of his Predecessors and Successors of his own free will did give and grant c. the Liberties following to be holden of him his Heirs and Successors c. And these Liberties are there called Franchises which intimates the Kings gave them the freedoms there set down now who before had none and let any uninterested man look upon them and he will see they indeed hold a reason of policy but still subservient to the first settlement of the Bastard William there are many notable just things in it and surely such as by which the people were judged before the Charter granted but the people not having ought assured and before the power of the King the interest of Nobles the corruption of Iudges other matters rendring the Law then wholly incertain they sought this to clear up and assure their right as far as might be for Iustice ought to be like as the Elements are by the first intention wholly free Therefore the true understanding wise man saith That he inforces not Magna Charta as the boundary to English Laws or just Freedom or Christian Liberty but as a Catalogue of such immunities as were granted by the Kings to the Subjects formerly according to the then light the Nation had to ask and power to inforce for so they were pleaded by the Grantor many of which are now wholly ceased by time others have been altered some enlarged by subsequent judgements so called and Statutes and it is evident that the English now long and thirst after a rational setled Law in all the parts in the whole body taking the Law of God for the Rule as the Charter-Grantor did though the face of man was the visible Engine to draw the pleasant streams of Liberty out of the Ocean of Royal Power and although that succeeding Princes did never keep the Law wholly yet it was alwayes evident that a noble Prince that sought not himself so much as the glory of the Nation the Acts of such a one were seldom if at all questioned So that to give satisfaction according to the deep and often reiterated Engagements of the Nation it is requisite that some selected impartial honest understanding Religious Patriots be set apart as a Committee wholly to attend the collecting
unite spirits and affections whereas plurality of parties or interests nourished they generate and consider advantages as hath been evident in the traverses of this Nation You have seen the standing out of the King against a few just things made at last that many that would have been granted would not serve the turn I profess it is meer zeal to Justice hath produced this I have avoided bitterness to the utmost My only hope desire and prayer is for the welfare of the Nation and the establishing of it upon the firm basis of most undenyable verities I shrink under the opposition Truth is like to find I know the alterations of Nations come not till Nature as it were almost stifled labors for life it must purge or perish I know where knowledge is greatest Satan is busiest here must be great if not the greatest opposition what God hath I hope dictated to my spirit I have held forth to you of this Nation who are in supream Trust You know how dangerous a thing it is to alter the frame of Ancient Government you yet see its easier far to pull down then to build to you I say it must be extraordinary Justice and exemplary vertue must stablish you The temper of our old English Government in the mixtures of the three main Regiments was in Christian Politicks heretofore held the soundest of all most just and so most durable As for evil Government of Kings through usurpation of power the purity of it being destroyed they did admit and do to this Establishment without King or Lords yet if the contrary drawings of the Democratique estate or insatiate interest as old Writers have objurgated of many equals tend to the continuance of pressures either of purse or person the issue will be dangerous it 's evident the looser knots have been untied by the halter I mean the Robber Burgler c. but the treble Cord of the Religious Necessitous poor which are a multitude joyning with the pretending Leveller and Hypocritical Opposer will know their time they look for the day of their necessity There is nothing of Justice or Civil Righteousness in a strict survey more then what meer form produces or necessity among the many If there be not a speedy settlement there must be a dis-settlement the people are prone to as well as stirred up to disobedience did you command never so well if Subjects shake off the yoak or loose it but in what or as long as they please Empire must down We are now as it were in the dregs of so called Populacy the Kings attempted alteration and alteration was just but just things must be done justly and as he suffered for seeking himself so will others in their day if the expected one come mete out to you You are compassed about with difficulties every way God give you eyes to see your way still we looking at your transactions afar off have seen God going along with you Be not deceived you see it was not in eminency of Justice Righteousness Mercy and Truth acted but held forth no we saw your failings but hope of your integrity for we saw God evidently changing your Errors into a question of foresight and prudence to your Enemies so that they beleeved that Stratagemicall which was Casual or rather of providence O that all this might but raise a heart in you to serve and trust God do not only hear Sermons and for you of other stations labour Righteousness in your places your divisions shew your carnality Learn the nature of the one Covenant made with Abraham Isaac and Jacob and ratified to us Christians so distinguished from time as of Faith and Works that as much of Works is now requisite under the Covenant so called of grace as was before of Faith under the Covenant of works contend not so much whether Magistrate or Congregations be the Keeper of the first Table as both to give due glory to God and educate the people faithfully in the knowledge and practice of the Doctrine of the Gospel and you chief in power to see to govern them according to a Rule of Righteousness upon a sure foundation in all places and callings which according to the Talent God hath given me I shall here hold forth to you and that out of the so called Law of England or usually accepted Law Books of the same with the Word of God and the approved examples of our most free Progenitors wherein that I name not the Authors I have before laid down the reason I shall only now hint That its the duty of Magistrates not to regard the person of the man from whom the work comes grant it but my mite if it be pure Gold put it into the Treasury I will give much light to some and though others know much more let them also improve their talent make use of this till then Some say 't is the nature of Englishmen better to follow in the dark then go before in the light give no more occasion to that proverb I am no enemy to Powers or Authorities Here is nothing difficult elevated above ordinary frame so austere that the practice is impossible for a time or dangerous to many for it is salutary to ten times so many more It is the reducing Government in as much as may and the progresses thereof to the Rule of our Saviour My yoak is easie and my burthen light laying forth Justice in a due proportion betwixt the Duty and the Power so opening the reason of the Magistrates power and the Subjects obedience that the ancient Quarrels of Interests on either side must be little if any at all stinting the many mutterings and murmurings against the State from the default of Officers and Clerks not of the Judges themselves which if not done do all the good you can and you will be still aspersed and scandalized and there is some reason for they and their Clerks are alike for their care is neither for publike good nor common honesty all they look at is private gain the great dishonour of a State and Nation Now the God of Heaven give me wisdom to hold it forth in such order that it may carry such an evidence of Truth that all Interests may submit to this one Interest of the Regiment of Christian reason in a Commonwealth and what ever is defective may by your power and industry with the advice of such whom you shall choose be speedily setled to his glory and the comfort of this afflicted Nation and set as a light upon a hill to be a direction and president to all the Nations of the Earth That you as faithful workmen may do great things to give free liberty to the word of salvation and build up the Jerusalem of God and set on the Gates and Barrs Locks and Bolts whereby the Congregations of the faithful may be kept pure within themselves by the power of the Word and free and secure from the violences of Enemies carnal and spiritual
interests for they were corrupt Oh you that are in power build not with such hay and stubble still for surely your work is like to pass the fire But assuredly a Kingdom Hereditary is far before any other Kingly Government where the Nation is small bounds large and spirits content for Peace is most durable in that Government And that will give Riches and the people shall have ease and plenty and grow numerous for emulation the mother of discord is restrained at least But then the land will be too scant and that Nation must fall upon others or break within her self or transmit Colonies Now Democracie must be in War abroad or else she breeds Feavers in her own bowels Yet Aristocracie and Oligarchy seems worse as partaking in more selfish interests but assuredly in all they are best or worst as the men Ruling are 6. Whether the acquests of Kings belong to the State in Case of alteration of Government SEeing now alterations are incident to States it may be justly Quaeried whether what is gotten by the Prowess of a King or Marriages come to the Supreme power Governing or return back in such Alterations or the Heir Naturall to enjoy them The answer is easie for all these things rest in the King as King as they were acquired whether in an absolute or limited State they go to his Successor Politick not Natural not in the ordinary course of inheritance but according to the Transition of the Crown how great Jumps soever it take and this person dies not so that it is evident the supreme power hath all the acquests and rights whether Warlike or Civil as by Marriage Permutations Emptions of State or Mortgages Real as Cautionary Towns So that this Change of Government hath not divested England of any Title to ought due to any former Kings as Kings of England whether in Ireland France Castile Cicily Cyprus Hierusalem united Provinces or else where And should Kings come in again sure they would not hold the intervening settlement of a Reipublick a Bar and the Reason is evident for they have the Supreme power and are as Capable to give Protection and enforce Obedience each as other in consideration of Reason so there is no inconsistencie in the thing 7. Whether better to be Governed by Laws or without HAving seen the Governors let us see how they are to Govern I take it that the same reasons against Arbitrary Government in a King will serve for a State for grant a Choyce of the most excellent men in knowledge and Justice Yet can we say they shall be alwaies such or those that succeed them therefore no doubt it is better to be Governed by good Laws then good men taking care that those Laws be executed under severe punishments 8. Whether better to have general or particular Laws I Now must come to the hard task of all Polititians That is to set the Medium of power in Magistrates wherein it is plain that to tye a Magistrate in any Government supreme or inferior yet administring Justice to the very strict letter of the Law is to have all the safety of the Commonwealth shipt in a Vessel without sails or oars slip but the letter and no Magistrate can meddle Therefore generals must be the way but limited they must be or else your venture is as much on the other side for to give him no bound or too much is to put him into a vessel overladen and the sail too full which upon every gust is ready to sink or be o're turned or run under water Now to pass this Scylla and Charybdis is the hard work in the first settlement That the supreme Magistrate hath his due boundary and after for him so to dispence to inferior Magistrates that the equal Temperament in every part may assure the safety of the whole England before the late fatal infusions into King Charls his head of the absolute power due to Princes Jure Divino whereby they were rendred accountable only to God boasted against all other Nations of the happiness of all these Governments in a sweet and admirable admixture of power for they had the freedom of a Commonwealth the opulency of Aristocracie the glory of a King Yet he so bounded by the Laws and so watched by the Emulators of his glory the Nobles and by the Conservators of our Liberties the Commons that it was hard for him to break Yet break he did and that so suddenly that it was evident the settlement we gloried in was but as we say A last gasp to the decaying state of the Bastard William so called the Conqueror And now is the time for them to whom God gives the Honor of a Settlement so to mould and temper Government that it may be most durable which is the glory of a State Now to do this aright after the Assurance that nothing be done how politick or advantageous soever it seems contrary to the light of Christian Doctrine I come to the difficulty abovesaid that is What Power is to be committed to the Magistrate whether Supreme or Inferior respectively To which I answer generally That the Magistrate whoever he be that is intrusted ought to have more power then it s commonly requisite he should improve that thereby by acts of Grace he may endear or suppress as occasion shall offer The Supreme thereby obliging all parties as well inferior Magistrates as other Subjects the inferior Magistrate to engage the equals in all but Magistracie and all the vulgar and that without punishment from above or scorn below For it is evident there are ever ambitious or insolent Spirits who if the Magistrate be tyed too streight will draw him to the end of his line and then dare him I wish from my soul Magistrates were all wise and just fearing God and hating Covetize but in the choyce of these men for interests it will not be so therefore I meddle not to prescribe rules as some do for a man who prefers private interests but him that onely and principally fixes himself and his endeavors upon the advance of Publick and Common good therefore to them I address my self with this Caution That the great ruining danger is in times of Commotion to be over strict beyond late presidents and Examples for that blows the coals of Sedition yea sparks to a great flame especially if publick ruins build private fortunes so called or partake with any selfish interest They therefore that are in Supream trusts and would settle or continue their Governments quiet must themselves in their places and whom they impower respectively with not onely faithfulness and diligence but also wisdom and discreet activity moderate that power which may be lawful much more that which is exorbitant or but to be used against persons exorbitant that is violent Rebellious and that in acts disturbers of the Peace for against such to spare one guilty is to venture the destruction of a thousand of innocents In evident just things
put to sell his Freehold all which are argued for with much nicety little Christianity Now as for the benefit of the Commonwealth the Law put the King into possession of others though by matter of Record so it kept him in the State of the Commonwealth for for Lands Jure personae or hereditary at Common Law the rule of Law extends not to it as I conceive therefore the King cannot be disseised and many other such things as the goods of Felons murderers c. which is or may be just in murder in some sort but in no case in Felony but they ought to go to the person wronged and in manslaughter and defence of a mans own person there ought to be no right to the Checkquer not in the Self-defence at all and in the others it ought to go to the party for if the Law in forceable strikeing give dammage and more in wounding and more in Maihem then most in killing where the life of the criminal is saved That of Deodands is in the Law and I see no warrant for it but the meer allusive equity of the Judicial It is also said to be a part of the Kings Prerogative to have special Iudges to try the right of his revenues as is the Checkquer and the differences of his immediate Officers and servants as the Steward and Marshal of his house and instead of Action against his person The Law by the Ordinance of Edward the third for honor sake framed it in nature of a Petition but the Process was as against an other person and so if Iustice be upon that it is just otherwise not it will also admit no wager of Law against him and which proved a great abuse and was unjust and is no way either honorary or necessary he did take men under pretence of being his debitors into his protection to the overthrow of many particular persons and universal detriment thus was Derogative Again Judgment was never final against him but with a figmentitious advantagious evasion of a saving his right and this was also new and not necessary I come to two main and principal steps to the eminency of Prerogative alwayes afforded the Supream power which are first That the King hath by his publike trust power to do whatsoever there is no Law against So that from hence hath arisen the obstructions to Laws upon new Causes namely setling that in the Law which was before in the King and so abridging the Royal Tenure By vertue of this he created Corporations and made Denizens The other was from Gods appointment to Moses surely to appoint places so called of Priviledge like Cities of Refuge but undoubtedly this was a civility betwixt the Kings and Popes to raise a benefit to the King by priviledging That Charter had many Fees and then the Pope made it by allowance a Sanctuary and so secured by both powers what can be doubted that must be just where Moses and Aaron joyn and these men both Pope and Prince did well they saved the life but squeised the purse and none affoord such milke more freely then Rogues and Whores as all Histories evidence This is the summ of all the Prerogative so called that I in this haste remember just or unjust that the Laws of England hold forth The three main pillars upon which the Edifice of Prerogative stands all these being but the Ornaments thereto are the absolute power to make Laws War and Peace and raise moneys Except in some few scattered judgements arising upon Emergencies and are not indeed worthy the name of Prerogative though in our Topical heads of Laws they be so ranked but rather priviledges or Royalties many of which were obtained by Subjects for what a Subject may enjoy I count not Prerogative therefore not Copning of money c. nor Royal fishes nor a hundred matters of the like nature and wreck is generally detestable and the Royalty of grandage abominable but the generalty of them are justly belonging to all men with the Supream Majesty especially those favors of errors in pleadings c. Now this Legislative power was never in the King nor no reason it should which alone shews the Kings in England never was since the establishment of the three estates the Supream power for the makeing of Laws was alwayes since in them as the body Representative of the Nation and so the Lords and Commons were put as a Bar to invading Prerogative Next for war or peace it was not in the Kings power his Knights were bound according to their Tenures but not otherwayes and the special of them not performing their service were to be fined nowhere but in Parliament The last of them which are the sinews of the war were always in the peoples hands never denyed by any King however subtilly obtruded upon as by loans privy Seals c. which were always declaimed against and damned by Parliaments These were and are necessary to the Supream Power but never trusted to Englands Kings a sure sign the Supremacy was not in the King he knew it necessary to aggrandize his power and for an absolute subjection of all interests to his to claim that these were incident and appendixes to the Supremacy absolute which he aspired unto And though the Forts Ships Magazines and appointing Judges Governors Captains c. were actually in his power yet hereby it is plainly seen to what end and how trayterous they were to the then true English Interests who stuck to the King against the Parliament in this war but that controversie is besides my task here Therefore I proceed and say that it is necessary still that the total and absolute Supremacy hath these powers viz. of making or giving forth Laws making Leagues offensive and defensive denouncing Wars and establishing Peace and also to raise moneys Now this I know not denied by any publike and approved Judgement but these men have their bounds their limits also for general common and publike good is their limit their chain and to see the end of this it is fit next to see 12. Who is Judge of publike good and his Rule of Restraint and whether it be fit to admit this absolutely in the Supream Power THe Kings formerly were not unskilled in the issue of this mystery they boulted out what others will bake who ever eats it Now it is plain this also is required in the Supream Power for it is impossible to settle particular Laws sutable to each particular occasion for in the corrupt state of man as the Law is profitable or disprofitable so it is rellished as for example in an equal rate the just man likes the equality and so doth the covetous but he saith no rate at all and if an honest Miser can be he approves equality but he repines at the payment Now the boundary is evident publike good and of this in the manifest parts of it are all men Iudges for though in transactions of the high affairs of State the progression
may not be fit to be made publike yet the winding up as it is evident so the reasons of that issue may as some conceive fitly be accounted of at least to some specially appointed who are to be impowred to that particular end as the Ephori or Spartan Court who judged their Kings Actions the Tribunes at Rome and Democratie at Athens To this it is answered That the condition of the Commonwealth where the Rulers and Law givers are transient and personal are naturally inclined to more equality in dispensations then Kings who wholly labour to bring all to the power of their Successors Princes like them but the sons of the other are like to be under government The other reply that with all men present interest works and power present may if not bound and limited prove obnoxious and for private respects neglect publike profit in the Republike as in the Monarchick State for all are men nay experience hath manifested that many Senators have been corrupted to the betraying their estates to the Empire of a Foreigner never yet a King but to assure his Kingdom and so he was not corrupted The other return that these accidents of the world do not at all conclude more then what was done The ambition of most Princes hath made them true to themselves and the Covetize of some Senators made them false to their Country But the Question here is onely of the absolute judgement of the Supream Power and that is concluded positively to rest there in all dubious matters most unquestionably but for matters destructive to common good or to common Justice or against Reason they are allowed to be accountable Yet it is again replied these were the boundaries before to Kings and are the boundaries to all Powers all have generally broken in all sorts of Governments the examples of submissive accounting Supreams are rare one was found in Rome and one in Greece and to finde two more in all the world is difficult for who as these will be buried and have their daughters married of the publike purse when they have the Treasures of a Nation in their dispose and may benefit themselves much with little or no hindrance to the State Pitty it is the injustice of great men should give such cause of suspition and folly were it while men may not to set a bound and not to set it in the first setlements makes the proposal for the future difficult the establishment dangerous Therefore they propound that the Law be established as agreeable to the light of Nature examples of other States continued experience and not against divine institution The wise and just man will submit to that in himself which he holds requisite to require from an other The Parliament of England allowed the King a Judgement of the necessity but not che sole Judgement but that was because the Supremacy was not absolutely in him and all held fit not to vest absolutely Supremacy anywhere but in Law so that untill established by Law the matter is in question And though the time past when the Legislative power depended upon the Kings will and pleasure by his calling or not calling Parliaments as he pleased there might be some difficulty to settle dubious matters yet that Bar broken where can a let be unless we convert our mercy into a judgement Upon all this it is plain that there are many difficulties in the nature of Prerogative whereby to understand it clearly and truly All States that is the Supremacy of power do labor naturally to advance the so called Prerogative And the people generally ayme as much at liberty but Kings most and they more specially where the Crowns go by way of succession for the great part of personal Prerogative of a King dyes in a State except the Supream power will continue it but then it is requisite in such an alteration to settle justly and remedy fore-experienced and evidently foreseen evils therefore it is requisite that the continued complaints of men especially against the Kings Butlers the Clerks of the Pipe Chequer c. in their fees be setled for the paying and gaining of a Quietus upon a duty to the King is almost as much in Fees as the Rent it self Now I come to see 13. Whether the Supream power can grant the inferiour Prerogatives such as Wreck Forfeitures of Felons Royal Fishes Treasure Trove c. and How NOw for this it is plain first that the Kings have done it and these honours were never denyed for for most of them generally the charge of obtaining was as much to the Crown as the thing it self Therefore whereas they had Officers and Offices in every County attended upon every Court and some special Courts for Sea matters The Kings did give these as rewards to their Nobles and great men within special Precincts where in the primitive settlement of the Nation their dwellings were and so he was discharged of his Officers and the due Courts were let down and the Tryals were reduced all to his Court of Admiralty which as in all cases was and is a burthen intolerable to the Subject and to all impoverished persons Justice is by this turned into Gall and Vinegar especially to distressed persons by Sea for the poor people all along the Coast are like so many Harpyes wreck or no wreck all that comes to their net is fish and thus to save a little charge we are infinitely inhumane but by this it is plain all but the power of making Laws war and peace levying Moneys and some say Royal Mines are grantable by the Supream Power Provided that due means of Tryal of Right be preserved for the publique benefit otherwayes not Some say that this is generally true that is the Supream Magistrate hath power in all Laws meerly Civil but in cases religious or wherein properly the conscience may some say does scruple the Magistrates power ceases therefore it is fit to look a little at that and quaere 14. Whether the Magistrate be Keeper of both the Tables so called THey who make this controversie are not presently to be thought enemies to Magistrates nor enviers of Ministerial Dignity Some have admitted the Popes Primacy who have denyed his Supremacy others have given Princes all power some a Negative but not an Affirmative power in so called Ecclesiasticks or Church matters others take away the Popes Primacy for they take him away equalizing all Pastors and that that speciall designation befits no earthly person others bind up the Magistrates hands wholly some by denying Magistracie others by restraining him wholly to the name of Civils not sufficiently caring for by assured and preventive means those errors which have heretofore clouded the excellency of Magistracie by the pride of Church-men For were inherent holiness visibly and setledly and so infallibly tyed to either of these the Supremacy were determined but while they are all men they must have their bounds and limits Yet in the Kingdomes of the world the
Prince must bear sway and hath the preheminence The Heathens in glory of the Prince annexed the Priestly Office to the Superior Power not the Kings to the Priests and under Gods Law Moses was Aarons Prince or Father Aaron Moses Prophet Next the Civil part of Judicature was ever and now is clear and manifest except where interest or humour prevails and let that humour alone and it is ready to swarm into interest immediatly But this you will say determines the first part of the Question but the latter is undetermined To that it is generally answered that what power is necessary for the preservation of the peace of the Nation or Government is proper to the Supream Magistrate but an obliging power that is that simple obedience is to be given to his determination of but dubious matters in points of either Doctrine or pure Church-Discipline I beleeve never was nor will be yielded to him in matters circumstantially Religious otherwise barely civil was as generally agreed and will not now be denyed as concerning the time of Congregating the place and other Circumstantials for preservation of the peace of Church and Commonwealth yea if it were upon good reason the number that were to congregate provided there were enough to constitute a Congregation might be set by the Supream Magistrate and Christians bound to obey but this is only as keeper of the first Table not of the second Now to clear this it is to be known that if it be taken to be the Keeper of the two Tables so called to promote by all lawful means the glory of God as the good of men as all good and just Magistrates will and ought yea if it be by preaching himself or themselves and that either by word or Doctrine as good life they and all Christians are the keepers of both Tables and he or they as supream in power and so as more entrusted with means by God to do most for God then he or they who have the supremacy are by way of eminency the special keepers of them but that they are designed more especially to represent either the Kingly Priestly or Prophetical Office of the Lord Christ as head of his Church without the manifest tokens of more especial Grace and divine Revelation whereby to periodize the Controversies of their own Subjects holding forth to us under the same rule the will of God as the Priests under the Law is not easily discerned nor will I beleeve be strenuously urged The blessings which our Lord and Saviour held forth were meerly tending to his spiritual Kingdome and the propagating of it and given out to the Apostles and in them to all the Church as most sutable to not onely reason generally but the reason of that our King in his Transactions amongst them of this enough at present I come now to the last Quaere of the Prerogative of Princes 14. Whether Male Administration doth ipso facto dethrone Princes and give their Subjects power to depose them 15. And whether Kings and other Supreams may be punished by whom and how THis is a great weighty controversie truly Magistrates that desire to be flattered stand off you can hear nothing safely for your safety is your danger Now what we have said before tends much to the illustration of this point that is the due consideration of the end for which Magistracie is ordained for by the Law of pure Naturals no one is above another namely the preserving few against many weak against strong and right against wrong in Scripture phrase to be a terror to the evil and to that end not to wear the Sword in vain so that while evils are or may be Magistracie is necessary to be Now generally the defects and failings of Governors in themselves are not simply and alone a cause of neglect of obedience to them or the Laws by them for evil men may be good Magistrates but in case the Magistrate seeks to overthrow laws and all Righteous Government altering or crossing wholly the end of his ordination it is in this case clear he is not a Magistrate but he is a Tyrant an usurper an Enemy to Justice but then it is beleeved by some that the light or interpretation of this defection is in every man and so each man judges and may justly withdraw obedience and oppose This is gross ignorance no then every unjust man punished would be ready to rebell and miscall his deficiency Revenge of injury to the publique The Pope by the evill management among Princes of this quarrel brought the decision of all these controversies to his Tribunal and by the steps of seeming justice mounted the Chayre of Antichrist for he finding that the Ambition Pride Lust Covetize of earthly gods had raised up men against them and that many halings and pullings were between the Princes and Potentates of the earth and their Subjects the one to have all the power in their own hands the others to defend what they called sometimes Priviledges sometimes just Rights one while the inheritance of their Ancestors as what they had contended for and delivered to them sealed with their blood otherwhile their proper and natural birthright as dues to the people which no Power or Usurpation of a Prince could divest them of he politickly holding forth the necessity of an Umpire got absolutely into the Chayr of preheminence and deposed Kings for pleasure and Kings and Emperors and all for his profit Who would beleeve that now after five thousand years experience the world should not be able to unriddle this mystery the source of all our controversies is the Judicials not rightly understood for assuredly the Acts of their Kings is no rule for us or ours we are to follow them no further then they follow the light which God gives us all to walk by that is if you will look at their King it must be as bounded not as imitating the Kings of the Nations as not exalting himself over his brethren not as taking away the excellent young men and beautiful Maidens to be his servants and if so that he be under a Rule then he is not to rule not onely not evilly but not so well as he presumes he might unless it be made parcell of his Rule But if he breaks this Rule who shall enforce Now in this case it is plain that a Prince Ruler or inferiour Magistrate doing greater good then his Rule limits is in an error especially if opportunity were of having that enacted into a Law for men are men and to do so opens a door of jealousie 'twixt him and his people Next it stands as a president to his Successor Lastly it absolutely intimates either a neglect of the Law or seeking freedom by degrees from it but if this were evill or detrimental what remedy To clear this there must be a difference taken betwixt things partly destructive to the end of well reigning and wholly for unless wholly destructive threatning the whole community
power absolute and can punish have no rule but prudence in enlarging or restraining them they generally used banishment but this in successive or hereditary alterations upon the same ground of prudence cannot be safe therefore some have immured them and starved them some imprisoned them some cloystered them some privately murthered them but all these were acts of pure power and force and left but an implicite construction of Justice on their actions Our new and unparallelled Transaction doth I know to many seem Heroick and if established by Law upon this president would be an admirable adventure to hold an aw upon the spirits of great men and to that end they desire the explanation of the supream power or Magistrates Trusts and in what cases it shall be lawful to arraign them with the same legal provisions as King Charls tyed his own hands in the Act for a Triennial Parliament but I leave treating of this lest I grate to no purpose I come now to see 16. What are the Priviledges of Parliaments and in them of the Bars to the Supream Power FIrst we must consider that these meetings are according to the Rule of pure Native Law by the advice of many and those duly elected out of the people to avoid confusion to take care for the settlement of all those errors which intervening time produced since such an Assembly last Congregated and that both as to the Actions of the King in his Officers where the King was held unquestionable and therefore which was unjust in some part his servants were punished of the higher Magistrates and inferior Subjects either in a legal way according to the ordinary constitution of the Nation or extraordinary in case of emergencies for which no Law was provided The examples are manifest in both Now the priviledges of these men were and ought so to be whereever such bars are first that the due right of the subject might be preserved that those who were to be of the Parliament were duly chosen that is neither by fear nor favor which was from either open force or private warnings or requests to the friends or dependants of great mâ—… which were commands which how broken and still are even by Reformers themselves to their shame not of Reformation is evident The next priviledge is that being chosen they being now of special use and imployment for the publick themselves horses goods and menial servants were priviledged from Arrests distresses c. and only they for the law of entertaining by giving protections was a dispriviledge of the common Subjects for whose sake only they were priviledged and no more that other being but a meer Royal corruption by degrees to make them all seekers of interests upon that base Maxime that trusts were to their own benefit The next was to have free liberty to chuse their Speaker who was not to be disallowed but upon good Cause and that Cause they were Judges of for all see else the vanity of the formality if the approbation be upon meer will for then there is the power of Election and this Speaker they may also upon good Cause put out by the Votes of the greater number The next priviledge is That they have a free liberty to treate of all matters the assembling by Kings Writ the being called his great Councel are honors of Time and formal and cannot abridge their necessary liberty of free Treaty c. But their power appears in that they had the Guardianship of the peoples Lives Liberties and Estates and though in the variety of changes they did as all mortal Powers do sometimes submit sometimes inforce as the condition of Times were we must use a true foot and ascribe no more to them then is needful not plead presidents but Supream reason by which they therefore might and ought during the forty dayes Session a convenient time which by convention seems the time set during which the King could not dissolve them to receive Petitions from all places by turning themselves into Committees and hear how matters went with the Nation upon such Representations from the particular Counties Cities and Town therein addressed to the particular Members chosen by them for the aid of the whole Nation and upon these to call some say the Kings all agree all the Kings Officers of all sorts to their Accounts as Treasurers and that both for Land and Sea yea Officers of Peace as all Iudges c. and of War as General or Lord Marshal or by what other name or names on Land or Admiral or c. at Sea Captains of Forts and all others who managed the Revenues so called of the Crown that is for the publike benefit and this power is coincedent to every Bar to Supremacy And truely where this is not it is easie to believe the Supream Majesty may soon pretend all is intrusted to his own Will and for his particular benefit then they may adjudge and sentence but not in Committees but in the whole house otherwise there is no legal proceeding and really and purely this did and was to rest principally in the Representatives of the people who are the Commons the separation of the Houses as with us and the single power of the Lords to Iudge the Commons to accuse yet one Court is much differing from excellent Reason if not contrary to it that so right might be done to the whole Commonwealth against the out-breakings of the King and also to every particular person by restitution against the wrong doer yea though by the Kings Command or Commission if not agreeable to the Law Now the limited times of Parliament were necessary lest otherwayes they should abuse their Power or usurp Supremacy absolute and also become desperate debtors because of priviledge And lastly that while being men and capable of erring their false judgements if any were may be rectified by a new for it was and must be the priviledge of these highest Courts not to have ought done there by any of the Members questioned in any other Court onely Treason Felony and the Peace which being flagitious the excellency of Reason admitted no priviledge to for how could such enormous Transgressors of the Law be righteous Law-Makers The last priviledge is to have pay for their pains by a it should be equal rate upon all the Freeholders in the County that is they who legally had or might have had a Vote in the Choice and this allowance was to be set by Parliament and who could they better trust with a little of their estate then they whom they had formerly instrusted with the whole and this was not due till the end of Parliament So jealous is Reason of all Supremacy in the corrupted state of mankinde And surely none that is not actually in this height but will agree to this just Reason and he that is in if he intends onely a due use of it cannot deny it this is just betwixt these powers and them for whom they are intrusted for
Error or more of course this Term then more the next and then a peremptory day and then Errors Cassed is but legal extortion So that it is plain to take errors totally away is as bad as to have all allowed but to prevent the mischief let a certain day in Court be to determine errors before issue and not after Now the punishments in these defaults are and must be pecuniary and that both in the Judges of Fact as Jurors as well as Law but where the default is evident there ought to be a dispriviledging for future as to all publike trusts at least for a time but out of the Judicial place presently yea though the oath be that he was onely mistaken in Law and did not do it at all maliciously or with a minde of injustice Now to oaths it is fit any Justice of the Peace should give it at discretion this requires able Judges and so should Judges be but of this more in due place Concerning what things the Magistrate may and ought to make Laws YOu heard before that there must rest in some persons thereto designed either by God as those who claym to rule by absolute power or by men as those who rule by Compact or Convention as who either had no power but were meerly elected and agreed with having no Right primarily or had some power but not enough and so condiscended to some rule that they might rule assuredly Now this being in one person or more yet the power ought to extend to all things justly necessary to the well being of a Commonwealth and therefore they have respectively the general powers of war and peace life and death But because we have before hinted that there was a necessity of the Magistrates regulating of those things which many men call dispriviledge to Christians as well as men we will according to the rule before laid that is of the head Law according to Gods own Law the God of Christians as of the Jew see the Government of reason laid there down both for Divine and Civil worship Wherein first it seems directly given to the Magistrate to have the ordering of divine worship to God under the Law Now let us see how this works for Vzziah is a Leper for acting in the Priests Office Yet the aberrations both of Priest and People are laid to the Kings charge and the good Kings commanding just things and not onely so but seeing of them performed are blessed and on the contrary the evil Kings punished and their Adherents And those disobedient to the King as to Ahab the seven thousand that never bowed knee to Baal were those who were to take root downward and bring forth fruit upward Now the great difficulty is to settle the Magistrates power so that he may not bring sin upon himself and the Nation by commanding or tolerating things evil and unjust or unjustly enforcing things just and good Now as to this it is to be considered that we all profess Grace is from Heaven the meer gift of God and that the Spirit breatheth where it pleaseth as the wind bloweth where it listeth if so the Magistrate Yea grant there were a clear Church Magistrate that were by divine Word impowred with the Sword of Paul as the Keys of Peter could he go further then the outward man it is plain he could not Next then grant no such Magistrate sure the Civil or in case of doubt of Spiritual Power the Civil Magistrate onely can act clearly Now for the Spiritual Power to be helped out with the Civil Sword surely it is one of the grossest vanities that Popery ever broached God stands not in need of mans wisdome or power But God having not cleared that the implicit construction by Analogical or singular reason from the legall severity is proportionate to the gentle and quiet brotherlike Rule of the Gospel nor agreeable to the Commission which our Saviour gives to his Apostles which was either to the Jew Matthew the 10. Mark the 3. and Luke the 9. or to the universality of men Matthew the 28. Mark the 16. Luke the 24. and clear enough in that of the 21. of John and 15. where nothing is spoken of but preaching and teaching and feeding If then the Pastor have not the Sword but of the Spirit let us see the material and Magisterial Sword which is not born in vain what may this do If we look to the Jewish Model which many men seem so much to contend for There we see that the Magistrate had power over blasphemers Idolaters and tempters to Idolatry witches c. and this extended to death and that it should do so with us is by them desired Now many suppose this difficulty though very great may be at least in great part assoyled if we consider that the persons to whom this Law was given was a people chosen by wonderful miracles and wonders from all Nations to be the people of God and bear out to the world the Ensigns of his special love to man in all Ages and Generations which tokens of love in obedience to his Law were suited with answerable judgements in the neglect of the same And surely those things which relate immediately to God in the point of gracious service hold forth nothing to us but assurance of eternal punishments to the unrepentant sinner Saint Paul confesseth himself a blasphemer 1 Timothy the 1. 13. and declaring in the last times what fearful and horrible sins should appear among men 2 Timothy 3. 2. he takes notice of blasphemy and bids onely from such turn away Now if you would have a Magistrate to work without a divine precept we must look at the height of improved reason There we find that zeal for the Gods among all Heathens made blasphemy death and surely reverence is due by the light of Nature to what ever is called God Of blasphemy under the Law the Councell was Judge Now the Sanhedrin was not of Priests they might ask Councel of the Priest but determined themselves and these by Gods Law put the blasphemer to death many conjecture upon this the Devil Aped Gods Law others his delight in blood hinted the Law as in Heathen Sacrifices but sure such reason makes against these objects intended to take away the pure light of reason for who that will acknowledge a Deity will allow the Deity to be blasphemed But now the doubt is whether these are not under the Gospel to be reserved to the last Judgement Some beleeving that if Paul of a blasphemer and who ever was a greater became a Saint a Preacher of the Messiah who did and thought to do many things against the Name of Jesus that is against them called on his name why may not any other be converted where is Gods dispencing with the Law where the special reservation of Paul he did it not against the humanity of Christ but his Divinity it was for calling on his Name Some excuse Paul because zealous but others
to endure no longer then the time Kings and Officers have made great advantage of these unjustices to the insupportable dammage of the Nation and ought speedily to be rectified and all Grants Charters Usages and Customes to that end to be void So have some Lords of Mannors holding originally of the Crown as it is called as of the Dutchy of Lancaster got such priviledges as they are called which ought not to be nor may by just Law for that such priviledges are dispriviledges to the whole Community opening a door to injustice and irregularity and consequently to bondage for all may be freed from charges taxes services and the like as well as one And to say it is to be presumed the Supream Magistrate will not do it is vain they have abused themselves and many subjects much who have paid largely forsuch grants and after the Princes have been forced to plead they were mistaken in their Grants and the poor men have been left remediless for their purchase money In the last place it is fit that all visible personal estates be rated as they appear and people visibly rich in Apparel House Houshold-stuff Dyet c. be esteemed as they esteem themselves Now the end of all Fines ought to be the defraying of the publick Charges of the Nation City or County and the Offices there respectively and to make these certain by composition must be as experience hath manifested the inlet to greater corruption and abuses and though other Ages having seen the evils of the old way of composition-evil deserted that and therefore gave Fees at large presuming they would take their salary and fees besides yet it is manifest it was the evil of bad men for the other is the best Law and punish strictly and fear not you shall have Justice exact The Magistrates Power and Duty as to ordering of Families THis Power hath divers objects as between the Husband and Wife Parent and Childe Master and Servant and so contrarily and also the Master of the Family and Strangers It is very requisite to be very wary in the head Law the Lord God only gave the power to the husband generally Now the exercise of that power in the Jewish state was Tyrannical and absolute and ended generally in divorce and what needed any inferiour Law where the head Law was so Magisterial But this being either obsolete in it self or made so or both and really the Lord Christs words intimate no separation except only for Adultery and that exposition is the foundation to many as they suppose justly not to make Adultery death for if so what needed divorce but this is omitted here and we proceed Let us see what is the Law of the Gospel truly it teacheth a duty and obedience beyond what the rudiments of the world enable unto Our Common Law seems to me in something too divine as I may say As for example it will not admit what we evidently see viz. that a man cannot rule his wife there are women which will offend the Law against the will of the Husband and indeed it is visibly not in his power to help they will not only sell and give his goods but break spoyle mis-spend c. They will some beat the Husband some cruelly mis-use the children c. and no way to punish them but the good man is answerable for all I know the wretchedness of many men but there is a little weak Law against them Let us also have some Law publick for the women with that tenderness is fitting to conjugal Societies but there must be an aw in some one or more Magistrates even to bridle such exorbitances and neglects on either side and make due a provision in all cases and that wisely and speedily or Divorces indeed as usual will be multiplied and from thence Fornications and Adulteries clandestine and private make what Laws you can though a legal divorce may be waved Next as to children there is no due aw and respect of or in some nay many Parents the duty of the sense of education is wholly lost there is nothing but rude and exorbitant loosness not only Parents curse Children or provide not duly for them but Children the Parents and for want of a head Rule no question is made more of this then violences in any other relations Now in case of such Rule it is fit to proceed by a more particular Law for if upright knowing zealous Judges be not there is no right therefore it is fit to make these Laws Oeconomical more particular then others Again as to Parents neglecting the due provision for their family the Magistrate is wholly beaten out of it The rule ought to be that the Magistrate might take cognizance what a man can earn if imployed next that he and his be set on work and thirdly that he doth not nor shall mispend it but that the house-rent and all be carefully discharged and then where labour fayles to be supplyed by the publick Purse Next for servants not each one that will to entertain servants unless visibly able to maintaine and imploy them for otherwise there will be many sluts and more Thieves with multitudes of Receivers which the Law can take no notice of This Law must extend to all sorts of servants which have not estates to maintain themselves visibly otherwise there will be from the neglect in one a visible carelesness towards all Let no servant under a penalty be hired but with a publike inrolment in the Town or Precinct Parishional or otherwayes however neither dismissed or to go into another Precinct without License of an Officer in Writing this is the Law of England at present onely carelesness of Magistrates admitted pride to grow too fast in servants and then all was omitted and this is a main inlet to Confusion It is also fit strictly by a sworn Officer to keep the Records of the Birth of Children for the Age is now grosly mistaken and no ascertained way of probation with a small fee as a groat to the State to pay the Officer for enrolment so much for search so much a Certificate For that of Strangers it is to settle a little better the power not only of the Master of the Family in general but particularly of those who either by profession are Inholders or others like them upon other accidental occasions who now are by some persons made servants to their Lusts and have no power to bridle exorbitancy that they can know for to speak once for all it is not enough some wise learned book-man knows all these Laws or if all the so called Lawyers did the Christian Law must plainly and perspicuously hold forth to every man his certain known and assured duty and power in their respective places or the guilt be it blood or otherwise I fear lies especially if not wholly at the Supream Magistrates door VVhether the Magistrate may appoint the Ages of Marriage And to whom the work of the Marriage belongs